Opinion
February 23, 1954.
Present — Peck, P.J., Callahan, Breitel, Bastow and Botein, JJ. [See post, p. 943.]
Order unanimously modified so as to grant plaintiff's motion for summary judgment except as to contract No. 80233. We find no triable issue of fact in this case except as to whether the parties entered into contract No. 80233; except as to this document, plaintiff is entitled to summary judgment and an assessment of damages. The order is modified accordingly and otherwise affirmed. Settle order on notice.