Order entered February 16, 1966 unanimously modified, on the law, to the extent of granting defendant's cross motion for summary judgment dismissing the complaint and, as so modified, affirmed, with $50 costs and disbursements to defendant-appellant-respondent. Appeal from order entered April 22, 1966 unanimously dismissed as academic, without cost and without disbursements.
In 1959 plaintiff commenced an action against one Wapnick for fraud and deceit. Simultaneously...
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