Majority
p. 871Fred Macli, Doing Business as Mace Painting Service, Appellant, v. Pine Brook Crest, Inc., Respondent. Submitted March 31, 1958; decided April 3, 1958.
p. 872
Theodore Ellenoff for motion.
Stanley H. Lowell opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, unless, within 15 days from the service of the order, appellant serves and files a stipulation for judgment absolute (Civ. Prac. Act, § 588, subd. 3) and serves and files the record on appeal and his brief and pays $10 costs, in which events motion denied.