Opinion
February 22, 1994
Appeal from the Supreme Court, Kings County (Spodek, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
Since summary judgment on the merits has been awarded to the defendant in a companion appeal (see, Maschio v. Builders Transp., 201 A.D.2d 627 [decided herewith]), the instant appeal must be dismissed as academic. Mangano, P.J., Balletta, Friedmann and Florio, JJ., concur.