Opinion
June, 1936.
Present — Martin, P.J., McAvoy, O'Malley, Townley and Glennon, JJ.; O'Malley, J., dissents and votes for affirmance.
Order, granting plaintiff's motion for summary judgment, and the judgment entered thereon as amended, reversed, with costs and the motion denied, on the ground that there are issues of fact involved which should be disposed of upon a trial of the action.