Opinion
March 17, 1947.
In an action to recover money alleged to be due plaintiff, arising out of a joint venture between plaintiff's decedent and defendant, plaintiff's motion for summary judgment was granted. Order, and the judgment entered thereon, reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, with $10 costs. The answering affidavit raises a triable issue. Hagarty, Acting P.J., Carswell, Johnston, Adel and Nolan, JJ., concur.