Per Curiam.
Though the order granting the defendant's motion for summary judgment, on which no judgment was entered, is not appealable without permission (N. Y. City Mun. Ct. Code, § 154), its merits may nevertheless be considered by us because of the provision of rule 113 of the Rules of Civil Practice, allowing the court, on a motion made under that rule, to grant judgment to the adverse party even in the absence of a cross motion therefor. We have therefore...
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