Opinion
July 10, 1967
Order of the Supreme Court, Westchester County, dated December 5, 1966, modified on the law and the facts by striking therefrom the provision dismissing the complaint and by substituting therefor a provision denying the cross motion to dismiss the complaint. As so modified, order affirmed, without costs. Judgment of said court, dated December 13, 1966, vacated. In our opinion, the complaint states a cause of action, and the papers submitted raise triable issues of fact. Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.