Appellate Division of the Supreme Court of the State of New York November 3, 1971 (Pearis v. Goldschmidt)

Appeal (1) from an order of the County Court of Broome County, entered September 15, 1970, which denied defendants’ motion for *1002dismissal of the complaint for failure to state a cause -of action and granted summary judgment to plaintiff pursuant to OPLR 3211 (subd. [e]), and (2) from the judgment entered thereon.