Appellate Division of the Supreme Court of the State of New York May 11, 1972 (Di Falco v. Wilmot)

Order, Supreme Court, New York County, entered on April 29, 1971, denying defendant’s motion to dismiss the complaint, pursuant to CPLR 3211 (subd. [a], par. 5), or for summary judgment, unanimously modified, on the law, without costs and without disbursements, to the extent of granting partial summary judgment to defendant in the sum of $30,500, as hereinafter indicated, and otherwise affirmed.