Order, entered February 11, 1965, unanimously modified, on the law, with costs and disbursements to abide the event, to delete the provisions thereof granting defendant's motion for summary judgment and directing entry thereof, and said motion denied; and judgment, pursuant to such order, dismissing plaintiff's complaint, unanimously reversed and vacated, on the law, with costs and disbursements to abide the event.
The record here does not justify a matter of law...
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