Opinion
June, 1936.
Present — Martin, P.J., O'Malley, Untermyer, Dore and Cohn, JJ.
Order denying plaintiff's motion for summary judgment, and order denying defendant's cross-motion for summary judgment, unanimously affirmed, without costs, as there are issues of fact that should await trial, and the legal issue involved should not be disposed of until disclosure of all relevant facts at the trial.