O'Keefe v. American Legion , 80 N.Y.S.2d 359 ( 1948 )

Material allegations of the petition are denied in the answer arid the reply denies other material matters pleaded as defenses. Under such circumstances the issues so raised should have been tried and the motion should not have been disposed of on the pleadings. Order unanimously reversed, without costs, and the matter remitted for trial. Settle order on notice. Present — Glennon, J. P,, Cohn, Callahan, Van Voorhis and Shientag, JJ.