Judgments reversed, without costs, and plaintiff's motion for summary judgment denied upon the ground that the record submitted by both parties reveals a controversy involving issues of fact which should be tried (Rules Civ. Prac., rule 113; Curry v.Mackenzie, 239 N.Y. 271, 272.) No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.