Opinion
January, 1932.
Appeal dismissed, with ten dollars costs and disbursements, upon the ground that since the denial of their motion to dismiss the complaint for insufficiency the defendants have served their answer and must, therefore, be deemed to have abandoned their appeal. ( Nygaard Flooring Co., Inc., v. 814 Forty-fourth Street Corporation, 232 App. Div. 779.) Young, Kapper, Hagarty, Carswell and Davis, JJ., concur.