Sexton v. Equitable Life Assurance Society of United States

162 N.E. 559, 248 N.Y. 646, 1928 N.Y. LEXIS 1477

Opinion

Judgment of Appellate Division and that of Special Term reversed, and motion for summary judgment denied, with costs in all courts, on the ground that there are questions of fact presented by the record which ought not to be determined on a motion for summary judgment.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Crane, J.