Opinion
October 25, 1956
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOSEPH RAIMO, J.
Abraham Kaplan for appellant.
Jacob Ziff for respondent.
The facts stated in defendant's affidavit raise triable issues. She is entitled to an opportunity upon the trial to present her proof that the alleged note had no valid legal inception.
The judgment should be reversed, with $10 costs to appellant to abide the event, and motion denied.
EDER, HECHT and TILZER, JJ., concur.
Judgment reversed, etc.