
    Silvio Politi, Respondent-Appellant, v. Irvmar Realty Corp., Appellant-Respondent.
    Argued May 7, 1963;
    decided June 6, 1963.
    
      
      Lazarus I. Levine and I. Sidney Worthman for appellant-respondent.
    
      W. Bernard Richland and Bioward N. Meyer for respondent-appellant.
   On the appeal by defendant: Order affirmed, without costs; first question certified answered in the affirmative. On the appeal by plaintiff: Order of Appellate Division reversed, without costs, upon the ground that, in moving to dismiss the complaint, defendant must be deemed to have elected to waive a •stay of the proceedings (Civ. Prac. Act, § 1520); second question certified answered in the negative. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi.  