Opinion
March 24, 1970
Order entered June 17, 1969, denying motion and cross motion for summary judgment unanimously modified, on the law, to the extent of granting the motion as to defendant-appellant Forscher, and, as so modified, affirmed, without costs and without disbursements. The plaintiff's affidavits and exhibits do not evidence a cause of action against said defendant.
Concur — Stevens, P.J., Eager, McGivern, Nunez and McNally, JJ.