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p. 710Morton Selig, Respondent, v. Benjamin Lazrus and Others, Individually and as Copartners Doing Business under the Firm Name and Style of Benrus Watch Company, Appellants.
Order in so far as it grants plaintiff’s motion to strike out the first defense reversed on the law, with ten dollars costs and disbursements, and motion denied; in so far as it denies defendants’ cross-motion for summary judgment the order is affirmed. There are issues of fact to be tried in connection with the nature of the judgment and the contract between the parties. Lazansky, P. J., Young, Hagarty, Seudder and Davis, JJ., concur.