
    (November 27, 1956)
    Samuel Shenkman, Respondent, v. Walter F. O’Malley, Appellant.
   Order granting plaintiff’s motion to strike certain affirmative defenses in the answer, having become academic by virtue of the decision of this court in Shenkman v. O’Malley (ante, p. 567), is dismissed. Concur — Peek, P. J., Breitel, Cox, Frank and Bergan, JJ.  