
    David Smith, Respondent, v. Beatrice Rothman et al., Defendants, and Aaron Fichler, Appellant.
    Submitted January 5, 1959;
    decided January 15, 1959.
   Motion to dismiss appeal [for failure to file an undertaking] denied.

Motion for leave to prosecute appeal as a ppor person and for assignment of counsel granted and Louis N. Forman, Esq., of 701 Seventh Avenue, New York City, assigned as counsel to appellant on the appeal herein.  