Opinion
June 4, 1943.
Present — Martin, P.J., Townley, Dore, Cohn and Callahan, JJ.
The documents disclose that the action has no merit. The cross motion for summary judgment dismissing the complaint should have been granted. Order unanimously reversed, with twenty dollars costs and disbursements to the appellant; plaintiff's motion for a commission denied; and defendant's cross motion for summary judgment dismissing the complaint granted.