United States v. Southern Steamships (Proprietary) Ltd.

Order granting summary judgment and judgment dismissing the complaint unanimously reversed on the law, with costs to the appellant, and the motion denied, with $10 costs. On this record, there is sufficient to establish the existence of issues of fact that require determination at a trial. Appeal from order entered on September 22, 1959 [denying plaintiff’s motion for rehearing on additional papers] dismissed as moot. Conctj.? — Breitel, J. P., Rabin, M. M. Frank, Valente and McNally, JJ,