Ordered that the order is modified by deleting the provision thereof granting the defendant Robert H. Doxtator summary judgment in his favor and substituting therefor a provision denying summary judgment to Robert H. Doxtator; as so modified, the order is affirmed insofar as appealed from, with costs payable to International Business Machines Corporation.
The plaintiff commenced this action to recover a one-third share of money paid by International Business Machines...
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