Majority
p. 941Daniel A. McKeever, Respondent, v. William F. Schwerin et al., Defendants, and Carl J. Hynes, Appellant.
Motion for leave to appeal to the Court of Appeals from the order entered December 31, 1947 {ante, p. 804), insofar as it affirmed the order denying ‘the motion of defendant-appellant Carl J. Hynes for a new trial on the ground of newly discovered evidence, denied, with $10 costs. Present — Taylor, P. J., MeCurn, Love and Vaughan, JJ.