As so modified, the order is unanimously affirmed, without costs. The judgment for plaintiff, entered in accordance with the granting of his motion, is vacated, without costs.
There is no clear and undisputed factual showing to warrant summary judgment on the issues presented with respect to the status of plaintiff, as agent, and the nature and extent of waiver of that status (Kaake v. Griswold, 104 App. Div. 137) and waiver of the ordinary obligations of a...
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