Ferris v. Perkins

258 A.D. 881 | N.Y. App. Div. | 1939

Order 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.