Order entered on July 21, 1959, granting defendant’s motion, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment dismissing the complaint, and from the judgment entered thereon on August 4, 1959, dismissing the complaint and awarding costs in favor of the defendant and against the plaintiff in the sum of $30, unanimously affirmed, with costs to the respondent. No opinion. Concur — Breitel, J. P., Rabin, McNally, Stevens and Steuer, JJ.