Order, entered on September 15, 1960, except so much thereof as denies plaintiff's motion for a severance of the action and the entry of judgment against the defendant-appellant, unanimously modified on the law and on the facts so as to deny the plaintiff's motion unconditionally in all respects, with $10 costs, and, as so modified, the order is affirmed, with $20 costs and disbursements to the appellant.
In view of the provisions of section 237-a of the Civil Practice...
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