Clement v. Merker (296 N.Y. 671, 1946)

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, Thaoher, Dye and Fuld, JJ.