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p. 776Thomas B. Papas, Respondent, v. Equitable Life Assurance Society of the United States, Appellant. (Action No. 3.)
Pursuant to stipulation of the parties, the order of the City Court of Yonkers granting plaintiff’s motion for summary judgment, and the judgment entered thereon, are reversed on the law, the motion denied, and a trial of the issues ordered, with costs to abide the event. Close, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur. >