Eifert v. United States Fidelity & Guaranty Co. , 16 N.Y.S.2d 783 ( 1939 )

In an action under section 109 of the Insurance Law, order granting plaintiff’s motion for summary judgment, and judgment entered thereon, reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The pleadings raise triable issues of fact which can only be determined upon a trial. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.