Order entered May 19, 1970, insofar as appealed from reversed on the law, without costs and without disbursements, and summary judgment denied.
This decision is without prejudice to any further proceeding after service of pleadings, which are hereby directed. Plaintiff sues on an employment contract. The action was instituted pursuant to the procedure provided for in CPLR 3213 by notice of motion for summary judgment. The defendant conceded liability for $4,978.04...
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