Motion is denied. The defendant J. J. Secoles, Inc., relies upon the rule as it existed prior to the amendments of the Civil Practice Act in 1935 and 1949. Ader v. Blau (241 N.Y. 7 [decided July, 1925]), which is relied on by defendant, enunciates the old rule on the basis of section 258 of the Civil Practice Act as it then read. It has been specifically reversed by the Court of Appeals...
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