Opinion
January 30, 1962
Order, entered on August 10, 1961, denying defendant's motion for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to defendant-appellant and the motion granted. ( Milks v. McIver, 264 N.Y. 267.) This is without prejudice to the commencement of another action, if plaintiff be so advised, in keeping with the suggestion made on argument and on grounds other than malpractice.
Concur — Rabin, J.P., Valente, McNally, Stevens and Bastow, JJ.