Best v. Nemoto Yutaka

Miller, J.,

concurs in part and dissents in part and votes to modify the order appealed from by deleting the provision thereof adhering to the prior determination granting that branch of the defendants’ motion which was for summary judgment dismissing the complaint and substituting therefor a provision vacating so much of the prior determination and denying that branch of the defendants’ motion, with the following memorandum in which Rosenblatt, J. P., concurs: I do not dis*544agree with the majority’s conclusion that the court providently exercised its discretion in granting the defendants’…