
    Hugh W. Murphy, Inc., Respondent, v. Commonwealth Associates, Inc., and Fairbank Realty Corporation, Appellants, and Others, Defendants.
   In an action for brokerage commissions, judgment in favor of plaintiff and order denying appellants’ motion to set aside the judgment and for a new' trial on the ground of newly-discovered evidence affirmed, with costs. Hagarty, Carswell, Johnston and Close, JJ., concur; Taylor, J., dissents as to affirmance of judgment and votes to reverse and grant a new trial; and, as to the appeal from the order denying appellants’ motion for a new trial on the ground of newly-discovered evidence, votes to dismiss the appeal, since, in Ms view, it has become academic.  