Miller v. Universal Pictures Co.

Motion to resettle, amend and modify the order entered on June 14, 1960, granted, without costs. Respondent having elected not to proceed with a new trial on the alternative theories suggested in the memorandum opinion of this court, and solely for that reason, the order is amended to delete therefrom the granting of a new trial and the complaint is dismissed upon the law and the facts. Settle order on notice. Concur — Breitel, J. P., Valente, McNally and Stevens, JJ.