Baskerville v. Solomon , 295 N.Y.S.2d 309 ( 1968 )

Order of the Supreme Court, Richmond County, dated May 14, 1968, which granted plaintiffs’ motion for summary judgment and directed an assessment of damages, reversed, on the law, with $10 costs and disbursements, and motion denied. In our opinion, triable issues of fact are presented which may not be resolved without a plenary trial. Beldock, P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.