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Full opinion text

—Judgment and order unanimously modified on the law in accordance with the memorandum herein, and as so modified affirmed, without costs. Same memorandum as in Liggett v. Fahey (34 A D 2d 886). (Appeal from judgment and order of Onondaga Supreme Court, in declaratory judgment action.) Present — Del Vecchio, J. P., Witmer, Gabrielli and Henry, JJ.