Majority
p. 944In the Matter of a Plan of Readjustment of the Rights of Holders of Investments in a Mortgage Covering Premises 310 Riverside Boulevard, City of Long Beach, Guaranteed by Bond and Mortgage Guarantee Company. (Guarantee No. 170,928.) In the Matter of Brooklyn Trust Company, as Trustee under a Declaration of Trust Dated March 25, 1936, for the Consideration of a Proposed Sale of the Premises Comprising the Trust Estate. Abraham Werman, Appellant; Jesse N. Schiffman et al., Respondents.
(No. 330.) Motion to dismiss appeal granted, with $10 costs, and appeal dismissed, with $10 costs and disbursements. (No. 329.) In view of the decision in Matter of 310 Biverside Boulevard (No. 330), decided herewith, the motion to require appellant to file an undertaking as security for costs and damages is dismissed, without costs. Present — Lewis, P. J., Carswell, Johnston and Adel, JJ.; Hagarty, J., not voting.