Order and judgment granting plaintiff summary judgment, under rule 113 of the Rules of Civil Practice, in this action for goods sold and delivered, unanimously modified, on the law, and in the exercise of discretion, to grant plaintiff an absolute order of preclusion and judgment on the pleadings, with costs to plaintiff-respondent.
This was not a proper motion on which to grant summary judgment under rule 113 of the Rules of Civil Practice, or to grant judgment on...
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