Stout v. Johnson — 16 A.D.2d 734

Majority

p. 734

Mary S. Stout, as Executrix of Clyde A. Dickerson, Deceased, Respondent, v. Helma V. Johnson, Appellant.

Order unanimously reversed, with $25 costs and disbursements and motion for summary judgment denied, with $10 costs. Memorandum: There are issues of fact in this ease that prevent the disposition of the ease by summary judgment. A trial is required. (Appeal from order of Erie County Court striking out defendant’s answer and directing judgment in favor of plaintiff.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.