Ordered that the order is modified, on the law and as a matter of discretion, by deleting the second and third decretal paragraphs thereof, and by substituting therefor a provision denying the plaintiff's motion for summary judgment; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.
On May 3, 1968, the defendant Emil Sanger and Lajos...
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