Muth v. Telenga — 264 N.Y. 477

Majority

p. 477

Charles Muth, Respondent, v. Jan Telenga, Appellant.

(Argued February 28, 1934;

decided March 20, 1934.)

p. 478

John Hezekiah Levy, Harris D. Robinson and William Trap for appellant.

Arthur A. McOivney for respondent.

Judgments reversed, with costs in all courts, and motion for summary judgment denied on the ground that there is an issue of fact to be disposed of on the trial. No opinion.

Concur: Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs and Crouch, JJ. Not sitting: Kellogg, J.