It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying those parts of the motion seeking summary judgment and appointment of a referee and by vacating the last ordering paragraph and as modified the order is affirmed without costs.
Memorandum:
Defendant Robert W. Hummel was the vice-president/secretary of VHS Floor Fashions, Inc. (VHS), which obtained a loan from plaintiff through the United...
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