Opinion
May 17, 1960
Order appealed from is unanimously modified on the law to the extent of deleting therefrom the denial of defendant's motion for summary judgment, and to grant said motion and dismiss the complaint, with costs (see Robinson v. New York City Housing Auth., 8 A.D.2d 747, affd. 7 N.Y.2d 908).
Concur — Botein, P.J., Breitel, Rabin, M.M. Frank and McNally, JJ.