Majority
p. 528Morton Held et al., Doing Business as Morton Held & Co., Respondents, v. Harry Wismer, Appellant.
p. 529
Questions of fact are presented which may not be decided summarily on a motion under rule 113 of the Rules of Civil Practice. Nolan, P. J., Beldoek, Ughetta, Pette and Brennan, JJ., concur. [29 Mise 2d 509.]