Majority
p. 764Salvatore Battaglia, Respondent, v. Carmelo Mazza and Others, Defend
p. 765ants; Kings Highway Development Co., Inc., Appellant.
Motion to dismiss appeal denied upon condition that appellant perfect the appeal for the December term (for which term the case is set down) and be ready for argument when reached; otherwise, motion granted, with ten dollars costs. Present—-Lazansky, P. J., Carswell, Scudder, Tompldns and Davis, JJ.