
    MERCHANT, Respondent, v. RYALL, Appellant, et al.
    (Supreme Court, Appellate Division, Second Department.
    October 3, 1913.)
    Action by Metta F. Merchant, as administratrix, etc., against George M; Ryall and others.
   PER CURIAM.

Motion to dismiss appeal from judgment denied, on condition that appellant perfect his appeal from order, place the case on the present calendar, and be ready for argument when reached; otherwise, motion granted, without costs. Motion to dismiss appeal, on the ground that defendant Ryall has accepted a benefit under the judgment, denied, without costs. See, also, 142 App. Div. 949, 127 N. Y. Supp. 1132.  