Opinion
March 5, 1963
Appeal from the Erie Special Term.
Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.
Order insofar as it grants the motion of plaintiff Seymour Levitt for summary judgment in Action No. 2 and insofar as it denies the motion of defendant Harriet Levitt for summary judgment in Action No. 2 unanimously reversed on the law and facts and Harriet Levitt's motion, as defendant in Action No. 2, granted and complaint in Action No. 2 dismissed, and otherwise order affirmed. See Memorandum filed in companion case of Levitt v. Levitt ( 18 A.D.2d 1051).