Opinion
June, 1931.
Order and judgment reversed upon the law and the facts, with ten dollars costs and disbursements, and motion for summary judgment denied, with ten dollars costs. There is an issue of fact as to whether the plaintiff procured a purchaser who was ready, willing and able to purchase defendant's property on the terms and conditions demanded by defendant, which issue cannot be determined on a motion for summary judgment. Lazansky, P.J., Kapper, Hagarty, Carswell and Davis, JJ., concur.