Order of August 20, 1964 modified as follows: (1) by striking out all its decretal paragraphs, except the fourth which denies the defendant Teplitz' cross motion for summary judgment; and (2) by substituting therefor a paragraph denying plaintiff's motion for summary judgment against all the defendants, including Teplitz. As so modified, order, insofar as appealed from, affirmed, without costs; and judgment vacated.
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