Opinion
May 5, 1948.
Motion to dismiss appeal granted and appeal dismissed. Hill, P.J., Heffernan and Russell, JJ., concur; Brewster and Deyo, JJ., dissent upon the ground that the decision and judgment of this court upon the former appeal ( 271 App. Div. 711) did not mandate the final judgment now appealed from within the purview of section 590 of the Civil Practice Act. [ 191 Misc. 259.]