Majority
p. 866(July 7, 1964) Classic Management, Inc., et al. v. Benjamin M. Kaplan et al.
Motion for reargument granted, and, upon such reargument, the appeal from the order dismissing the complaint for legal insufficiency is dismissed as academic in view of the failure of plaintiff-appellant to take a timely appeal from the order of Special Term dismissing the action for failure to prosecute. Concur — Botein, P. J., Breitel, Valente, Stevens and Eager, JJ.