Order entered October 30, 1964 denying defendant's motion to dismiss the complaint on the ground that the complaint fails to state a cause of action, unanimously affirmed, with $30 costs and disbursements to respondent.
The motion to dismiss this complaint was made pursuant to CPLR 3211 (subd. [a], par. 7). Affidavits were submitted by both sides. While the court, in passing on this motion, could have treated it as one for summary judgment (CPLR 3211, subd. [c]) there...
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