Majority
p. 611United-Page, Inc., Respondent, v. Don Reile, Doing Business as Burn-Rite Coal & Scrap Co. and Also Doing Business as Donreile Salvage Co., Appellant.
Judgment unanimously reversed, with costs, and motion denied, with $10 costs. Memorandum: There are issues of fact which should be resolved upon a trial. (Appeal from judgment of Herkimer Special Term for plaintiff on a motion for summary judgment.) Present — Williams, P. J., Bastow, Goldman, Del Vecchio and Marsh, JJ.