Order, entered September 6, 1967, unanimously modified, on the law, to the extent of denying defendant's cross motion for summary judgment and, as so modified, affirmed, and judgment entered thereon dismissing the complaint reversed and vacated, with $50 costs and disbursements to abide the event.
The action is brought against a liability insurer to recover the sum paid by the insured in settlement of an action for breach of warranty brought against it by the purchaser...
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