Winokur v. Smith — 5 A.D.2d 849

Majority

p. 849

Dora Winokur, Respondent, v. Herman Smith et al., Appellants, et al., Defendants.

In an action to foreclose a transfer of tax lien, the appeal is from an order granting respondent’s motion for summary judgment striking out appellants’ answer and to appoint a referee to compute the amounts due on the lien. Order reversed, with $10 costs and disbursements, and motion denied. Questions of fact are presented which require a trial.

Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ., concur.