Majority
p. 1013Anna H. Friedenberg, Formerly Known as Anna H. Evans, Appellant, v. William S. Evans, Respondent.
It was decided on the motion for summary judgment in this case ( 258 App. Div. 715 ) and by the decision of the majority of this court, reversing a judgment entered on a verdict in favor of the plaintiff ( 259 App. Div. 605 ), that there were questions of fact to be tried. We find no such substantial difference in the case here presented as would justify a departure from the law of the case as established by these decisions.
The judgment should be reversed and a new trial ordered, with costs to appellant to abide the event.
Present —■ Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.