Summary
reversing grant of a dismissal as issues of fact existed
Summary of this case from Chiapperini v. Gander Mountain Co.Opinion
April 6, 1961
Appeal from the Monroe County Court.
Present — Williams, P.J., Bastow, Goldman, Halpern and McClusky, JJ.
Judgment and order unanimously reversed, without costs of this appeal to any party, and case remitted to Monroe County Court for further proceedings in accordance with memorandum. Memorandum: There are issues of fact involved. Testimony should be taken. Thereafter appropriate findings should be made as to the circumstances under which the settlement is claimed to have been made and recorded, and a determination should be made as to whether the case was effectively settled.