Order, entered on January 14, 1965, denying plaintiff's motion for summary judgment, unanimously affirmed, without costs or disbursements.
A mixed issue of law and fact is presented as to whether the prosecution of the suit, for a dissolution of the partnership and an accounting, constituted an inconsistent election of a remedy and a waiver of the right to sue on the contract to compel repurchase of plaintiff's interest in the partnership. That issue cannot properly...
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