Order entered on January 6, 1965, denying defendant's motion for summary judgment, unanimously modified, on the law, and the motion granted to the extent of directing summary judgment in favor of defendant and dismissing the complaint with respect to item 47 of Exhibit A annexed to the complaint and, as so modified, is otherwise affirmed, with $30 costs and disbursements to the respondent.
The failure of the defendant to include in the record the magazines which are...
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