Gillig v. Krepela

Order affirmed, with $20 costs and disbursements. No opinion. Present — Martin, P. J., Dore, Cohn, Callahan and Wasservogel, JJ.; Dore, J. I dissent and vote to reverse the order appealed from and deny plaintiffs’ motion for summary judgment. There are issues of fact to be tried including the issue of the intention of the parties to the several assignments or leases made after the original lessee was out of possession. The action should not be disposed of on affidavits but should await trial.