Opinion
Argued February 27, 1959
Decided April 17, 1959
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, DANIEL J. O'MARA, J.
Thomas Croucher for appellant.
W. Clyde O'Brien and Robert S. Burnham for respondent.
Judgment reversed and new trial granted, with costs to abide the event, upon the ground that there are triable issues of fact presented. No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.