Majority
p. 986(January 29, 1940.) Goldberg, 168-05 Corporation, Respondent, v. Joseph Levy, Appellant.
In view of the determination in Goldberg, 168-OS Corporation v. Levy (post, p. 987), decided herewith, the motion to dismiss the appeal is dismissed, without costs. Present —• Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ.