Order entered June 17, 1969, denying motion and cross motion for summary judgment unanimously modified, on the law, to the extent of granting the motion as to defendant-appellant Forscher, and, as so modified, affirmed, without costs and without disbursements. The plaintiff's affidavits and exhibits do not evidence a cause of action against said defendant.
Concur — Stevens, P.J., Eager, McGivern, Nunez and McNally, JJ.