Schwartz v. A. Sorrentino Corp.

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion for summary judgment denied. It would appear that the final judgment to be rendered in this case would rest, to some extent, on the equities of the situation. These should not be decided on a motion for summary judgment. Present — Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ.