
    Noah Fells and Fannie Kaplan, Respondents, v. Ideal Land Corporation, Appellant.
   Judgment unanimously affirmed, with costs. Appeal from order of June 5, 1928, dismissed. Upon the record herein plaintiffs were not under the necessity of obtaining leave to prosecute this action (Civ. Prac. Act, § 1078), as the foreclosure action was not pending nor did it result in a judgment in favor of plaintiffs. Present — Lazansky, P. J., Hagarty, Seeger, Carswell and Seudder, JJ.  