Crocetti v. Leonardi ( 1945 )

The affidavits present questions which, under the circumstances of the present case, should be decided in the light of all the facts which may be developed at the trial. Order entered November 22, 1944, unanimously reversed, with twenty dollars costs and disbursements, and the motion denied. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ. [See post, p. 737.]