Order, entered on September 12, 1963, denying defendant's motion for summary judgment pursuant to rules 113 and 114 of the Rules of Civil Practice and section 476 of the Civil Practice Act and granting plaintiff's cross motion for summary judgment unanimously modified, on the law, to the extent of denying the cross motion, the judgment thereon vacated, and the order is otherwise affirmed as thus modified, without costs to either party. The order, entered December 2, 1963...
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