Jaeckle v. Campbell

Judgment and order unanimously reversed, without costs and motion denied, without costs. Memorandum: This record presents substantial issues of fact" that prevent the granting of summary judgment. A trial is required. (Appeal from judgment and order of Erie Special Term in favor of plaintiff on a motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice.) Present — Williams, P. J., Bastow, McClusky, Henry and Noonan, JJ.