Jenkins v. Stern

241 A.D. 806

Opinion

Order reversed, with twenty dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that the answer and opposing affidavit of the- defendant clearly indicate that a triable issue is presented which may only be determined at a trial thereof. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.