Order of April 24, 1970 granting reargument modified by adding, immediately after the decretal provision therein that the original "determination is adhered to", the following: "except as to defendant Sam Tisser and, as to said defendant, plaintiff's motion to dismiss the affirmative defense is granted and said defense insofar as it was pleaded by said defendant is dismissed." As so modified, order affirmed insofar as appealed from.
Appeal from order of April 24,...
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