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Theodore M. Gibbons, Jr., as Ancillary Committee of the Property of Charles L. Schwartz, an Incompetent Person, Appellant and Respondent, v. Margaret F. Schwartz, Respondent and Appellant
On plaintiff’s appeal: Appeal dismissed, with costs, on the ground that section 588, subdivision 2, of the Civil Practice Act does not authorize an appeal to this court by a party in whose favor the Appellate Division has reversed a judgment and ordered a new trial.
On defendant’s appeal: Order affirmed and judgment absolute ordered against the defendant-appellant upon the second cause of action in accordance with the stipulation, with costs in all courts, unless the defendant-appellant within ten days withdraws her appeal and stipulates to waive costs upon the plaintiff’s appeal. No opinion. Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.