Order, entered on July 27, 1964, denying plaintiff's motion for summary judgment against both defendants, unanimously modified, on the law and in the exercise of discretion, to dismiss the complaint, and, as so modified, affirmed, without costs or disbursements to any party.
This is not an action by the insured for a judgment declaring that his insurer must defend (see Prashker v. United States Guar. Co.,
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