Hume v. Walsh — 271 A.D.2d 1019

Majority

p. 1019

Florence S. Hume, as Executrix of Arthur C. Hume, Deceased, Respondent, v. William A. Walsh, Appellant.

In an action to recover money alleged to be due plaintiff, arising out of a joint venture between plaintiff’s decedent and defendant, plaintiff’s motion for summary judgment was granted. Order, and the judgment entered thereon, reversed on the law and the facts, with $10 costs and disbursements, and' the motion denied, with $10 costs. The answering affidavit raises a triable issue. Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ., concur.