
    Charles L. DeMartini, Appellant, v. Pistell, Deans & Co., Inc., Respondent.
   Order entered April 25, 1928, setting aside verdict and granting a new trial unanimously affirmed, with costs. It appearing that the order entered May 2, 1928, has been vacated, the appeal therefrom is dismissed, without costs. Present — Lazansky, P. J., Rich, Young, Seeger and Scudder, JJ.  