Majority
p. 861Bernard Gerla, Appellant, v. Bankers Trust Company, Individually and as Substituted Trustee under the Will of Albert S. Rosenbaum, Deceased, Respondent. Submitted March 1, 1948; decided March 11, 1948.
John G. Clancy for motion.
Orison 8. Mar den opposed.
Motion dismissed, with $10 costs and necessary printing disbursements, unless, within fifteen days, proof is made by affidavit of facts showing that the motion was made within the time-limited by the Civil Practice Act, and all papers required by rule 21 (subd. [b]) of the Rules of the Court of Appeals are filed with the clerk.