Opinion
April 5, 1962
Appeal from the Erie County Court.
Present — Bastow, J.P., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously reversed, with $25 costs and disbursements and motion for summary judgment denied, with $10 costs. Memorandum: There are issues of fact in this case that prevent the disposition of the case by summary judgment. A trial is required.