Gross v. Marcuse

Order striking out separate defense, granting motion for partial summary judgment, severing the remaining issues and directing the trial thereof, reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion the pleadings and affidavits show that there is an issue to be tried/ Kelly, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.