Order entered on December 15, 1960, modifying order of the City Court of the City of New York and granting defendants' motion for summary judgment, unanimously reversed, on the law, and on the facts, with costs in this court and in the Appellate Term, and defendants' motion for summary judgment denied.
There was no appeal by plaintiff from the order of the City Court denying his motion for summary judgment, and we do not determine, whether or not, on the facts presented...
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