Order entered on January 7, 1960 granting defendant's motion for summary judgment under rule 113 of the Rules of Civil Practice, and judgment entered thereon, unanimously reversed, on the law, with costs to plaintiffs-appellants, and defendant's motion for summary judgment denied, with $10 costs, with leave, however, to defendant-respondent to renew its motion for summary judgment, if it is so advised, after the completion of pretrial proceedings.
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