Opinion
March 15, 1960
Motion for an order discharging the surety on its undertaking on appeal, grounded on an order of this court reversing the judgment appealed from on the law and on the facts and directing a new trial, denied, without prejudice to the making of an application to the Court of Appeals for the same relief pursuant to section 599-a of the Civil Practice Act.
Concur — Botein, P.J., Breitel, Rabin, Valente and McNally, JJ.