Opinion
January, 1936.
Order denying defendant's motion for summary judgment, pursuant to rule 113 of the Rules of Civil Practice, reversed on the law, with ten dollars costs and disbursements, and defendant's motion granted, with ten dollars costs. The answer and the documentary evidence annexed thereto raise a defense sufficient as a matter of law to defeat the plaintiff's proof; and there remains no triable issue of fact. Young, Carswell, Davis, Adel and Taylor, JJ., concur.