Ilott v. Deibert 11 A.D.2d 980

Determination of the Appellate Term and the order and judgment of the City Court, so far as appealed from, unanimously reversed, on the law, with costs to the appellant in this court and in the Appellate Term, and plaintiff’s motion for summary judgment denied, with $10 costs, on the authority of Garcia V. Deibert (10 A D 2d 349). Concur — Rabin, J. P., McNally, Stevens and Eager, JJ.