Order affirmed, with $20 costs and disbursements to respondent.
We feel constrained, upon the present record, to affirm the order denying summary judgment. While the contentions of the plaintiff in explanation of the written exculpatory agreement may seem improbable, we do not feel that we can say, at this time, that no issue is raised with respect to the individual promises of Ginsberg, particularly in the absence of an affidavit by defendant himself.
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