Section 240 of the Civil Practice Act does not apply to an attorney who is discharged (Gann V. Gann, 204 Mise. 1069; Hendry v. Hilton, 283 App. Div. 168). Judgment and orders unanimously affirmed, with costs. Present — Peck, P. J., Dore, Breitel and Bastow, JJ. [See post, p. 783.]