Goldberg v. National City Bank

Judgment and order reversed, with costs to the appellant and motion denied, with ten dollars costs, on the ground that the motion Was made under rule 104 of the Rules of Civil Practice and not made within twenty days from service of the answer sought to be stricken out;^[1] and on the further ground that issues of fact are raised which should be submitted to a jury. Present — Dowling, P. J., Merrell, Martin, OMalley and Proskauer, JJ.