¶1Order granting motion of the third-party defendant for summary judgment reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs. In our opinion, the pleadings and affidavits raise an issue which can be determined only on a trial of the third-party action. Johnston, Acting P. J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur.
281 A.D. 705
Mullen v. Green
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1952
Appellate Division of the Supreme Court of the State of New York · decided 1952-12-22
Decided 1952-12-22