Stout v. Johnson , 1962 N.Y. App. Div. LEXIS 10510 ( 1962 )

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 ease that prevent the disposition of the ease by summary judgment. A trial is required. (Appeal from order of Erie County Court striking out defendant’s answer and directing judgment in favor of plaintiff.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.