Majority
p. 756Bernard Schwartz, an Infant, by David Schwartz, His Guardian ad Litem et al., Respondents, v. Merola Bros. Construction Corporation, Appellant; Bank for Savings in the City of New York et al., Appellants and Respondents, and New Deal Terrazzo Company, Inc., Respondent. Reported below, 263 App. Div. 631 . Submitted November 23, 1942; decided December 10, 1942.
p. 757
Harry H. Lipsig and Albert Lee Singer for motion.
George J. Stacy and Olin S. Nye opposed.
Motion denied, with ten dollars costs.