| N.Y. App. Div. | Mar 10, 1964
Order, entered on April 17, 1963, granting summary judgment to plaintiff and the judgment entered thereon, unanimously affirmed, with costs to respondent. This determination is without prejudice to defendant, if it be so advised, bringing an independent action based upon fraud. The appeal from the order of May 21, 1963, denying motion for leave to reargue, is dismissed, without costs. Concur — Breitel, J. P., Rabin, iStevens, Eager and Steuer, JJ.