Opinion
December 11, 1962
Motion for reargument denied, but motion for leave to appeal to the Court of Appeals granted to the extent of certifying the following question: "Upon the record herein is the plaintiff-appellant entitled to summary judgment pursuant to rule 113 of the Rules of Civil Practice?" Settle order on notice.
Concur — Botein, P.J., Breitel, Rabin, McNally and Stevens, JJ.