Majority
p. 669Rose Newcomb, as Administratrix of the Estate of Charles Newcomb, Deceased, et al., Respondents, v. Clifton Frink, Appellant. Submitted November 26, 1951; decided November 29, 1951.
David F. Lee, Sr., for motion.
No one opposed.
Motion granted and appeal dismissed, with $10 costs and disbursements, unless within ten days from the date of this order the appeallant (1) gives a stipulation for judgment absolute pursuant to subdivision 3 of section 588 of the Civil Practice Act, and (2) files and serves the undertaking required by section 593 of the Civil Practice Act, in which events motion denied.