Opinion
February 26, 1973
Order, Supreme Court, New York County, entered on November 27, 1972, unanimously affirmed, without costs and without disbursements. Insofar as the appeal is concerned, in affirming, we do not reach or pass upon the merits, and we affirm without prejudice to later renewal, after discovery proceedings have been completed. ( Bingham v. Wells, Rich, Greene, 34 A.D.2d 924.)
Concur — Stevens, P.J., McGivern, Nunez, Kupferman and Lane, JJ.