Order, entered January 26, 1970, and judgment entered thereon in favor of plaintiff, unanimously reversed and vacated, on the law, with $50 costs and disbursements to defendant, plaintiff's motion for summary judgment denied, defendant's cross motion granted, and judgment directed for defendant, with taxable costs, declaring that the plaintiff has no interest in the Federal tax refund received by defendant on account of the consolidated net operating losses reported for year...
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