Order [No. 10095], entered on October 20, 1965, granting summary judgment unanimously affirmed, with $50 costs and disbursements to respondent. Order [No. 10096], entered on December 3, 1965, denying motion for a rehearing reversed on the facts and the law and as a matter of discretion and summary judgment vacated without costs and without disbursements.
At the time of the argument of the motion for summary judgment defendant's employee charged with the actual negligence...
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