Majority
p. 898Charles Barnett Co., Inc., Respondent, v. St. Paul Fire & Marine Insurance Company, Appellant.
In view of our decision in a companion appeal ( 7 A D 2d 897 ), this appeal is dismissed as academic, without costs. Since the action may be revived as a result of the leave therein granted, it is noted that no abuse of discretion was established in the circumstances. Concur — Breitel, J. P., Rabin, M. M. Frank, Valente and McNally, JJ.