Opinion
July 29, 1974
Order of the Supreme Court, Rockland County, dated October 30, 1973, reversed, with $20 costs and disbursements, and motion to dismiss the third-party complaint on the ground, inter alia, that a defense thereto is founded upon documentary evidence (CPLR 3211, subd. [a]), denied. The pleadings and documentary evidence raise questions of fact as to the parties' intent which may be resolved only on a trial. Martuscello, Acting P.J., Latham, Cohalan, Brennan and Munder, JJ., concur.