
    Frank Tevelovich, Appellant, v. United States Steel Products Company, Respondent.
   As the motion made by appellant for a new trial upon the ground of newly-discovered evidence, surprise and fraud, is granted by a decision handed down simultaneously herewith [post, p. 885], this appeal is dismissed, without costs. Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ., concur.  