
    First National Bank of Batavia, Appellant-Respondent, v. Louis Frank, Individually and as a Member of a Partnership Doing Business under the Name of Genesee Motors, et al., Respondents-Appellants.
    Submitted January 21, 1957;
    decided January 24, 1957.
    
      
      Wallace J. Stakel for motion.
    
      Nathan Belin opposed.
   Motion to dismiss appeal from that part of the order of the Appellate Division, Fourth Department, entered May 16, 1956, denying the motion of defendant Louis Frank for a new trial and to strike from the record on appeal all testimony relating thereto denied (Civ. Prac. Act, § 580; Cohen and Karger, Powers of the New York Court of Appeals, § 160).  