Clark v. Bogart

241 A.D. 627

Opinion

Orders and judgment appealed from reversed on the law and the facts, with ten dollars costs and disbursements, and plaintiff’s motion for summary judgment denied, with ten dollars costs. In our opinion there are issues of fact presented by the pleadings and affidavits which must be tried. Lazansky, P. J„ Hagarty, Carswell, Scudder and Tompkins, JJ., concur.