Opinion
Submitted October 3, 1955
Decided October 5, 1955
Appeal from the Supreme Court, Appellate Division, Third Department, CONNOR, J.
R. Waldron Herzberg and R. Monell Herzberg for motion.
No one opposed.
Motion to vacate order of Court of Appeals dated June 15, 1955, dismissing the appeal herein denied. If and when there be entered a new judgment which decrees foreclosure and dismisses the counterclaim, a new appeal may be taken therefrom.