
    Nicholas Bux, Appellant, v. Abraham S. Robinson et al., Copartners Doing Business under the Name of Robinson, Thebner & McLaughlin, Respondents.
    Supreme Court, Appellate Term, First Department,
    December 8, 1960.
    
      David L. Delman for appellant. Arthur Liebling, Emanuel Thebner, Abraham 8. Robinson and Martin J. McLaughlin for respondents.
   Per Curiam.

Appellant having failed to stay the separate trial of the issues raised by the affirmative defense, and a trial having been had resulting in the dismissal of the complaint and no record on appeal having been filed in this court from said judgment of dismissal, this appeal has become academic and should be dismissed.

The appeal should be dismissed.

Concur — Steuer, J. P., Hofstadter and Aurelio, JJ.

Appeal dismissed.  