Order, entered December 14, 1967, denying motion by defendant to dismiss certain causes of action and granting the cross motion by plaintiff to dismiss certain affirmative defenses, unanimously modified, on the law, without costs or disbursements, to the extent of granting defendant's motion for summary judgment on the fourth cause of action, and otherwise affirmed.
The said cause of action relates to the period 1962 to 1963. Therein plaintiff seeks a 10% overage...
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