Melagrano v. United States Fidelity & Guaranty Co. , 286 N.Y.S.2d 798 ( 1967 )

Judgment of the Supreme Court, Westchester County, dated July 11, 1966, affirmed, with $10 costs and disbursements. No opinion. Rabin, Benjamin and Munder, JJ., concur; Brennan, Acting P. J., and Hopkins, J., dissent and vote to reverse the judgment, to vacate the order dated June 28, 1966 and to deny defendant’s motion for summary judgment, with the following memorandum: In our opinion, there are issues of fact to be determined.