Mullen v. Green — 281 A.D. 705

Majority

p. 705

James A. Mullen, Plaintiff, v. Michael Green, Defendant and Third-Party Plaintiff-Appellant. Security Mutual Liability Insurance Company, Third-Party Defendant-Respondent.

Order granting motion of the third-party defendant for summary judgment reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs. In our opinion, the pleadings and affidavits raise an issue which can be determined only on a trial of the third-party action. Johnston, Acting P. J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur.