Majority
p. 841Joseph Mandell, Individually and as Administrator of the Estate of Angeline Mandell, Deceased, Appellant, v. George A. Robinson, Doing Business under the Name of Rochester Fireworks Company, Respondent, et al., Defendants. Submitted May 21, 1945; decided May 24, 1945.
Casper V. Baltensperger for motion.
No one opposed.
Motion granted and appeal dismissed, with costs, and $10 costs of motion, unless within ten days the plaintiff files and serves an undertaking or obtains a certification that a constitutional question is involved, and pays $10 costs, in which event the motion is denied.