Hill v. Hayes — 13 A.D.2d 954

Majority

p. 954

James J. Hill et al., Respondents, v. Joseph Hayes et al., Defendants, and Time, Inc., Appellant.

Order entered on September 13, I960, denying defendant’s motion for summary judgment, unanimously affirmed, with $20 costs and disbursements to respondents. Triable issues of fact are presented that prevent the granting of summary judgment to either party. This court does not adopt the factual and legal conclusions reached by Special Term as to defendant’s conduct. It suffices that there are issues of fact concerning such conduct. Concur — Botein, P. J., Breitel, Rabin, Valente and Bastow, JJ.