Order entered on July 15, 1959, denying plaintiff’s motion for summary judgment and granting summary judgment dismissing the complaint pursuant to rule 113 of the Rules of Civil Practice, unanimously affirmed, with $20 costs and disbursements to the respondent. The clerk is directed to enter judgment in favor of the defendant dismissing the complaint, with costs. No opinion. Concur — McNally, J. P., Stevens, Eager, Steuer and Bergan, JJ.