Order entered January 20, 1941, affirmed, with ten dollars costs and disbursements. Appeal from order entered September 11, 1940, dismissed, without costs, as academic. All concur. (The first above-mentioned order dismisses the complaint on motion of defendant in a silicosis *815action. The second above-mentioned order denies defendant’s motion to dismiss the complaint and for summary judgment.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.