Opinion
March 17, 1953.
Present — Peck, P.J., Dore, Cohn, Breitel and Bergan, JJ.
Order denying motion for summary judgment unanimously reversed and the motion granted, with $10 costs and disbursements. The affidavits established no issue of fact to be tried. Liability having been fixed according to the terms of the agreement plaintiff is entitled to recover from the indemnitor. Settle order on notice providing for an assessment of damages.