Opinion
April 27, 1967
Decision dated December 30, 1966 [ 27 A.D.2d 631], amended, and order entered January 25, 1967, resettled to provide as follows: "Judgment modified, on the law and the facts, so as to direct summary judgment in favor of respondent-appellant for $45,222.89, with interest at the legal rate from February 1, 1966, and as so modified, affirmed, with costs." Gibson, P.J., Herlihy, Reynolds and Aulisi, JJ., concur.