Order granting respondent's motion for summary judgment under rule 113 of the Rules of Civil Practice and dismissing the amended complaint, and judgment of dismissal thereupon entered, reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, with $10 costs.
In our opinion the record presents issues of fact which must be determined upon a trial, and may not be summarily determined upon motion. (Curry v. Mackenzie, 239 N.Y....
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