Schoonmaker v. Fagan (259 A.D. 867, 1940)

Judgment and orders affirmed, with costs. No opinion. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.; Untermyer, J., dissents and votes to reverse the judgment and order granting plaintiff’s motion for summary judgment and to deny said motion, and to affirm the order denying defendant’s cross-motion for summary judgment, on the authority of American Surety Co. v. Palmer (240 N. Y. 63).