¶1Appellant 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.
¶2The appeal should be dismissed.
¶3Concur — Steuer, J. P., Hofstadter and Aurelio, JJ.
¶4Appeal dismissed.