Opinion
February 19, 1962
In an action to recover a penalty under section 380-e Banking of the Banking Law (L. 1960, ch. 963, eff. April 28, 1960), plaintiffs appeal from an order of the Supreme Court, Nassau County, dated March 27, 1961, which denied their motion for summary judgment and granted defendant's cross motion for summary judgment, pursuant to rule 113 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. No opinion. Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur. [ 29 Misc.2d 329.]