Reversed, on the law and the facts, with one bill of costs, and complaint dismissed.
Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein. Appeal from the further order of said court dated July 3, 1967, which denied defendant's motion inter alia for a new trial, pursuant to CPLR 4404 (subd. [b]), dismissed, without costs, as academic. Appeal from opinions-decisions of said
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