Opinion
June 22, 1945.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, GOODMAN, J.
Horace M. Gray for appellant.
George J. Engelman for respondent.
MEMORANDUM
There is no issue of fact in this case as the documentary evidence shows that the plaintiff was in the employ of the United States of America.
The order should be reversed, with $10 costs, and motion for summary judgment granted.
SHIENTAG and McLAUGHLIN, JJ., concur; HECHT, J., dissents.
Order reversed, etc.