Appeal from judgment entered on June 11, 1965, dismissed, as academic, without costs or disbursements. No opinion. Amended judgment entered on December 1, 1965, unani*848mously affirmed, with $50 costs and disbursements to the respondents, but, under the circumstances, without prejudice to a separate action on the gravamen of the appellant’s cross complaint if the defendant-appellant be so advised.
Concur — Botein, P. J., Breitel, McNally, Stevens and Eager, JJ.