Motion to vacate the ex parte order entered on January 27, 1964 granted without prejudice to any further proceedings which Alexander’s Department Stores, Inc., may be advised to institute. (Matter of Three Hundred Fifty West Forty-Sixth St. [Marbo], 20 A D 2d 685.) Concur — Botein, P. J., Val ente, Eager and Steuer, JJ.