Opinion
July 23, 1973
In an action to recover a balance allegedly owing for material furnished, defendant appeals from an order of the Supreme Court, Westchester County, dated July 11, 1972, which granted plaintiff's motion for summary judgment. Order reversed, with $20 costs and disbursements, and motion denied. A question of fact is presented in the papers on appeal and therefore the case must be tried. Martuscello, Acting P.J., Latham, Gulotta, Brennan and Benjamin, JJ., concur.