Appeal having become academic by virtue of the granting of plaintiff-respondent’s motion {ante, p. 939, decided herewith), to the extent of dismissing the complaint and vacating the judgment entered herein in plaintiff’s favor on January 31, 1951, on payment of the taxable costs and disbursements, said appeal is dismissed, with costs of the appeal to the defendant-appellant. Settle order on notice. Present — Peek, P. J., Dore, Cohn, Callahan and Shientag, JJ. [199 Mise. 87.]