Majority
p. 813Fidelia S. Losch, as Administratrix, etc., v. Max Marcin and Al H. Woods.
Motion to dismiss appeal as to defendant Al H. Woods denied. Motion to dismiss appeal granted as to the appellant Max Marein, with ten dollars costs, unless said appellant procure the appellant’s points to be served and filed on or before October 26, 1928; respondent to have ten days after such service in which to serve reply points as to both appellants. Present — Dowling, P. J., Finch, McAvoy, Martin and Proskauer, JJ.