Canade v. Metropolitan Life Insurance

Action to recover money claimed to be due under an alleged disability insurance policy. Order granting defendant’s motion for summary judgment and the judgment entered thereon reversed on the law and the facts, with $10 costs and disbursements, and the motion denied. The record presents triable issues of fact which cannot be resolved by affidavits. Hence it was error to direct summary judgment. Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.