Opinion
Argued November 14, 1961
Decided November 30, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HENRY EPSTEIN, J.
Sidney A. Schwartz for Bee S. Wolf, appellant-respondent.
Benjamin H. Siff for respondent-appellant.
Sidney J. Loeb and Emanuel Morgenbesser for Selma Lashine, appellant-respondent.
Order insofar as it affirms the grant of summary judgment against defendant Wolf reversed, without costs. The motion for summary judgment should be denied in all respects for the reason that triable issues are presented. Question certified answered in the negative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.