Majority
p. 772Whale Realty Corp., Appellant, v American Guarantee and Liability Insurance Company, Respondent, et al., Defendant. (And a Third-Party Action.)
Appeal by plaintiff from an order of the Supreme Court, Kings County, dated October 3, 1977, which, inter alia, denied its motion for a protective order. Appeal dismissed as academic, without costs or disbursements (see Federal Ins. Co. v Whale Realty Corp., 65 AD2d 523 ). Damiani, J. P., Titone, Rabin and Hargett, JJ., concur.