MEMORANDUM BY THE COURT.
Order entered July 29, 1969, affirmed, with $50 costs and disbursements to defendants-respondents appearing herein. We predicate our affirmance on the ground that the record discloses issues of fact precluding the granting of summary judgment and we do not reach the question of whether or not CPLR 3213 is procedurally available under the circumstances here so as to authorize the making of a motion in advance of the service of a complaint....
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