
    Metta F. Merchant, as Administratrix, etc., Respondent, v. George M. Ryall, Appellant, and Others, Defendants.
   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. Present — Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ.  