Opinion
March 15, 1944.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, SHALLECK, J.
Michael I. Winter for appellant.
Ernest J. Pirman for respondent.
MEMORANDUM
The Rules of Civil Practice do not authorize the court to conduct a hearing as to an issue of fact on a motion for summary judgment. There were issues of fact raised which required a trial.
Judgment reversed, with ten dollars costs to appellant to abide the event, and motion denied.
Concur: HAMMER, McLAUGHLIN and EDER, JJ.