Order modified by striking out the first ordering paragraph and by substituting in lieu thereof the following: "Ordered that said motion of the plaintiff for summary judgment be and the same is hereby in all respects denied, and it is further". The order, as so modified, is affirmed, with $10 costs and disbursements to appellant. The judgment entered June 20, 1950, on the aforesaid order is vacated.
Process in the Texas action was served upon the defendant in New...
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