¶1— Motion dismissed, having become academic by virtue of the decision of this court in Ilession v. Peck (10 A D 2d 549), and the stay contained in the order to show cause dated December 2, 1959 is vacated. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Valente, JJ.
10 A.D.2d 549
Hession v. Peck
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 1960
Appellate Division of the Supreme Court of the State of New York · decided 1960-01-12
Decided 1960-01-12