
    H. R. Jacoby, Inc., Appellant, v. Max E. Kushner et al., Individually and Doing Business under the Name of Kushner Importing Company, et al., Respondents.
   Appeal from order entered December 14, 1956, denying plaintiff’s motion to open its default herein and for other relief, having become academic by virtue of the decision of this court in H. B. Jacoby, Inc. v. Kushner (3 A D 2d 905) is dismissed. Concur — Breitel, J. P., Rabin, Frank and Valente, JJ.  