
    Mazel Associates, Inc., Respondent, v. Herman A. Bogdan, Appellant, et al., Defendants.
    Supreme Court, Appellate Term, First Department,
    February 11, 1959.
    
      Milton I. Weintraub for appellant.
    No one appearing for respondent.
   Per Curiam.

For the reasons stated in this court’s memorandum in Mazel Associates v. Bogdan (17 Mise 2d 200), there was no default in the defendant’s service of his bill of particulars. Accordingly, this appeal should be dismissed as academic, without costs.

Concur — Hecht, J. P., Aurelio and Tilzer, JJ.

Appeal dismissed, etc.  