Opinion
February 18, 1952.
In an action to recover a balance due under a contract to pay a certain sum as a tuition fee, order denying motion for summary judgment reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs. On the basis of the admitted writing of the student and the conceded withholding of the lighter, the plaintiff was justified in dismissing him. Carswell, Acting P.J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur.