Ordered that the appeal is dismissed as academic, with costs.
In light of our determination in Cole Co. v 630 Corp. ( 150 A.D.2d 328 [decided herewith]), upholding the appellants' stipulation of settlement with the plaintiff, we find that the issues raised on the appeal have been rendered academic. Thompson, J.P., Lawrence, Eiber and Spatt, JJ., concur.