Opinion
Argued October 2, 1946
Decided October 18, 1946
Appeal from the Supreme Court, Appellate Division, First Department, SHIENTAG, J.
Edward J. Grenier for appellant.
John J. Murphy for respondent.
Judgments reversed, without costs, and plaintiff's motion for summary judgment denied upon the ground that the record submitted by both parties reveals a controversy involving issues of fact which should be tried (Rules Civ. Prac., rule 113; Curry v. Mackenzie, 239 N.Y. 271, 272.) No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.