Majority
p. 711Sarah Neely Murphy, Appellant, v. Albert J. Murphy, Respondent.
There are issues of fact which must be disposed of by a trial. Order granting defendant’s motion for summary judgment, the judgment entered thereon, and the order on reargument adhering to the original decision unanimously reversed, with costs to the appellant, and the motion for summary judgment denied. Appeal from order denying motion to resettle the judgment dismissed. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.