New York Supreme Court May 27, 1948 (Wallach v. Bacharach)

Sohreiber, J.

The motion for summary judgment, dismissing the complaint, is granted.

The objections raised in the affidavit in opposition (but not referred to in the brief) that summary judgment, pursuant to rule 113 of the Rules of Civil Practice, does not lie in this type of action is without merit (Grossman v. Frederick Bros. Artists Corp., 34 N. Y. S. 2d 785).