Opinion
May 14, 1958
Appeal from the Monroe Special Term.
Present — McCurn, P.J., Williams, Bastow, Goldman and Halpern, JJ.
Order and judgment affirmed, with costs. Memorandum: Upon oral argument appellant stipulated that if it was not entitled to summary judgment dismissing the complaint, Special Term properly granted summary judgment in favor of the plaintiff. In view of this concession, we are not required to pass upon this phase of the case. All concur.