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Morris v. Albany Hotel Corp.

243 A.D. 847 Court N.Y. App. Div. English

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p. 847
Elizabeth Morris, Respondent, v. Albany Hotel Corporation, Defendant. Ten Eyck Company, Inc., Appellant.

Motion to be allowed to appeal granted. The court certifies that a question of law has arisen which in its opinion ought to be reviewed by the Court of Appeals, which question is hereby certified as follows: Do the answer and the supporting affidavits present a triable issue of fact so as to require the denial of a motion for summary judgment made pursuant to rule 113 of the'Rules of Civil Practice? Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.