Opinion
March 31, 1952.
Present — Johnston, Acting P.J., Adel, Wenzel, MacCrate and Schmidt, JJ.
Plaintiff appeals from an order denying his motion for a new trial on the ground of newly discovered evidence. In view of this court's determination in the companion appeal ( Rivchis v. Lazar, ante, p. 944), decided herewith, the appeal is dismissed as academic, without costs.