Opinion
Argued June 19, 1928
Decided July 19, 1928
Appeal from the Supreme Court, Appellate Division, Second Department.
Peter C. Mann, Charles W. Pierson and James D. Ewing for appellant.
John J. Finn for respondent.
Judgment of Appellate Division and that of Special Term reversed, and motion for summary judgment denied, with costs in all courts, on the ground that there are questions of fact presented by the record which ought not to be determined on a motion for summary judgment.
Concur: CARDOZO, Ch. J., POUND, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ. Not sitting: CRANE, J.