Opinion
February 3, 1959
In view of our decision in a companion appeal ( 7 A.D.2d 897), this appeal is dismissed as academic, without costs. Since the action may be revived as a result of the leave therein granted, it is noted that no abuse of discretion was established in the circumstances.
Concur — Breitel, J.P., Rabin, M.M. Frank, Valente and McNally, JJ.