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p. 718The Autocar Sales & Service Company, Inc., Respondent, v. Leo Levine and Mary Levine, Copartners, Doing Business under the Firm Name and Style of Levine Moving & Storage Company, Appellants.
The judgment appealed from, and the order entered February 27, 1941, so far as appealed from, reversed, with costs, and the motion granting plaintiff summary judgment denied, on the ground that there are issues of fact to be tried. (Untermyer and Cohn, JJ., dissent and vote to affirm.) Order entered February 24, 1941, unanimously affirmed. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.