Majority
p. 530(March 24, 1970) Safeguard Insurance Company, Appellant-Respondent, v. Ben Rosen et al., Respondents-Appellants.
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 Forseher, 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.