Order dated August 28, 1967, reversed insofar as reviewed, on the law, without costs; in accordance, the second, third and fourth decretal paragraphs thereof, which adhere to the original determination and grant plaintiff summary judgment, are struck out; and plaintiff's motion for summary judgment denied. Under the circumstances, that part of said order which granted plaintiff's motion for appointment of a referee to compute is vacated, without costs. Appeal from the order...
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