
    John Lesczynski, Appellant, v. The Thew Shovel Co., Respondent.
   Order granting reargument of motion to dismiss the second amended complaint pursuant to rule 113 of the Rules of Civil Practice, and on reargument adhering to the original decision, and judgment dismissing complaint, unanimously affirmed, with ten dollars costs and disbursements. Appeal from order entered September 10, 1938, dismissed. No opinion. Present — Lazan sky, P. J., Carswell, Johnston, Taylor and Close, JJ.  