SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 9, 1969
HOB ENTERPRISES CORP., APPELLANT,
ROSLYN PARK HOLDING CORP. ET AL., RESPONDENTS, ET AL., DEFENDANT
Order of the Supreme Court, made in Queens County on December 5, 1968, affirmed, with $10 costs and disbursements.
Rabin, Acting P. J., Benjamin, Munder and Kleinfeld, JJ., concur; Martuscello, J., dissents.
No opinion. Martuscello, J., dissents and votes to reverse the order and to grant plaintiff's motion for summary judgment on the ground that there are no triable issues of fact (Graf v. Hope Bldg. Corp., 254 N. Y. 1).
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