Opinion
June, 1928.
Order granting plaintiff's motion for partial summary judgment in the sum of three thousand, three hundred and fifty dollars, and the judgment entered thereon, reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon the ground that the answer and affidavits show that there are issues of fact involved which may be disposed of only upon a trial. Lazansky, P.J., Young, Kapper, Seeger and Carswell, JJ., concur.