Frederick v. Autler , 240 A.D. 974 ( 1933 )

Order and judgment reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, the record shows that there are issues which can only be determined upon a trial of the action. Lazansky, P. J., Young, Kapper, Carswell and Tompkins, JJ., concur.