Smith v. Moser , 16 A.D.2d 736 ( 1962 )

Order unanimously affirmed, without costs of this appeal to .any party. (Appeal from order of Allegany Special Term denying the motion of plaintiffs to strike out the answer of the defendants and to grant summary judgment to the plaintiffs.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.