Majority
p. 1072Glenn A. Irvin, as Trustee in Bankruptcy of the Estate of Frank M. Schardt, Bankrupt, Respondent, Appellant, v. Frank M. Schardt and Katherine Schardt, Appellants, Respondents.
Motion in so far as it prays for a reargument denied and in so far as it prays for an order granting a new trial on the ground of newly-discovered evidence denied without prejudice to another application at the Special Term for relief. Memorandum: This court does not pass upon the merits of the motion for a new trial. [See ante, p. 474.] Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.