Order, Supreme Coqrt, New York County, entered on November 27, 1972, unanimously .affirmed, without costs and without disbursements. Insofar as the appeal is concerned, in affirming, we do not reach or pass upon the merits, and we affirm without prejudice to later renewal, after discovery proceedings have been completed. (Bingham v. Wells, Rich, Greene, 34 A D 2d 924.) Concur— Stevens, P. J., McGivern, Nunez, Kupferman and Lane, JJ.'