In view of our determination in No. 11442 dismissing the action, the judgment entered June 13, 1966 is vacated on the law, with $50 costs and disbursements to the defendant.
We add, that if the action were not dismissed, four of the members of this court would have voted to reverse the judgment in favor of the plaintiff and order a new trial, while one member of the court would have voted to dismiss on the ground that the malpractice of the defendant was not proven...
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