Opinion
January 17, 1963
Appeal from the Erie Special Term.
Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.
Order unanimously reversed, with $25 costs and disbursements, and motion for summary judgment denied, with $10 costs. Appeal from order denying reargument dismissed, without costs, as not appealable. Memorandum: The record presents triable issues of fact.