Judgment affirmed, without costs of this appeal to either party. New finding of fact made. All concur. (Appeal from a judgment of Livingston Equity Term dismissing plaintiff’s complaint and canceling Ms pendens in an action to set aside a foreclosure sale; the judgment also denied defendant Bishop’s prayer for confirmation of the sale in foreclosure.) Present — McCurn, P. J., Kimball, Williams, Bastow and Halpern, JJ.