Summary judgment in favor of plaintiff dated November 10, 1967 and order dated November 6, 1967 denying motion for rehearing, unanimously modified, on the law and in the exercise of discretion, without costs or disbursements, to the following extent, namely, the rehearing is granted, and on such rehearing said judgment is vacated, the motion therefor denied, and the matter remanded for pleadings, on condition that within 15 days after entry of the order hereon defendant file...
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