In an negligence action, plaintiff appeals from an order of the Supreme Court, Westchester County, dated September 12, 1960, denying his motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. Ho opinion. Holán, P. J., Beldock, Kleinfeld and Christ, JJ., concur; Pette, J., not voting.
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