Reese v. Pringle — 296 N.Y. 932

Majority

p. 932

Myrtle Reese, as Executrix of David F. Reese, Deceased, Respondent, v. James Pringle, Defendant, and Miller Place Corporation, Appellant.

Argued February 18, 1947;

decided April 10, 1947.

p. 934

Archie E. Brin for defendant-appellant.

George A. Boland for respondent.

Judgment and order reversed and motion for summary judgment denied, with costs in all courts to the defendant-appellant. We think issues are presented that can be composed only by a trial. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thagher, Dye and Fuld, JJ.