Judgment and order reversed, with costs, and motion denied, with ten dollars costs, on the ground that an issue of fact is presented which should be disposed of upon a trial. Present — Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ.
Judgment and order reversed, with costs, and motion denied, with ten dollars costs, on the ground that an issue of fact is presented which should be disposed of upon a trial. Present — Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ.