Order, entered on July 1, 1960, which denied defendant's motion to dismiss the first, third, fifth and seventh causes of action, unanimously affirmed, without costs to either party.
The court is constrained to follow the determination of this court in Wyman v. Pan American Airways (262 App. Div. 995, same case, 267 App. Div. 947, affd. 293 N.Y. 878) and the determination of the Second Department in Elliott v. Steinfeldt (254 App. Div. 739). The Federal...
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