¶1Order and judgment reversed, with costs, and plaintiff’s motion for summary judgment under rules 113 and 114 of the Civil Practice Act in all respects denied, on the ground that there are issues of fact to be tried. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.; O’Malley, J., dissents.
258 A.D. 881
Ferris v. Perkins
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1939
Appellate Division of the Supreme Court of the State of New York · decided 1939-12-18
Decided 1939-12-18