Order modified by striking therefrom everything following the words "upon such renewal and re-argument" and by substituting therefor the words "defendants' motion be and the same hereby is denied." As so modified, order, insofar as appealed from, affirmed, with $10 costs and disbursements to appellant.
The documentary evidence is insufficient to show that appellant released his interest in the agreement of August 15, 1949, whereby he was given a right to twenty-five...
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