Order, insofar as appealed from, reversed, without costs, and motion denied.
The learned Special Term granted summary judgment principally on the ground that the defendant McKee had pleaded guilty to driving a motor vehicle while intoxicated, which is a misdemeanor (Vehicle and Traffic Law, § 1192). Such conviction of driving while intoxicated does not afford a basis for summary judgment against said defendant, in view of the fact that the accident here involved...
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