Order, entered July 27, 1960 dismissing complaint for legal insufficiency, unanimously reversed, on the law, with $20 costs and disbursements to plaintiff-appellant-respondent, and the motion for summary judgment under rule 113 of the Rules of Civil Practice denied, with $10 costs, with leave, however, to defendants, if they are so advised, to renew their motion at the conclusion of all pretrial procedures.
On a motion for summary judgment under rule 113 the complaint...
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