Order, entered on July 3, 1961, insofar as it granted summary judgment in favor of the plaintiff, modified on the law to the extent of denying summary judgment, without costs, and the judgment entered pursuant to said order on July 7, 1961 is vacated.
There are triable issues presented which should be determined by trial and not by affidavits. At the least, an issue is posed as to the illegality of the transaction as being in contravention of the exchange regulations...
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