Order, entered on May 7, 1962, denying defendant-appellant's motion for summary judgment under rule 113 of the Rules of Civil Practice, unanimously reversed on the law, with $20 costs and disbursements to defendant-appellant against plaintiff-respondent, the motion granted, with $10 costs, and the amended complaint dismissed as to such defendant-appellant.
Neither under the pleadings nor in the affidavits does plaintiff succeed in establishing a right of action based...
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