Majority
p. 884Abe O. Samuels, Respondent, v. Cora S. Cudebec, Appellant, and Another, Defendant.
Judgment reversed on the law, with costs, and motion for summary judgment denied, with ten dollars costs, on the ground that the issues as to payment alleged in the answer are sufficiently supported by affidavit to require a trial of such issues by the court. All concur.