SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
April 22, 1968
ROBERT C. VINCENT, RESPONDENT,
YONKERS TRANSIT CORPORATION, APPELLANT
Rabin, Benjamin and Munder, JJ., concur; Brennan, Acting P. J., and Martuscello, J., dissent and vote to reverse the order and judgment and to deny the motion for summary judgment on the ground that the affidavits raise a triable issue of fact.
Order and judgment (one paper) of Supreme Court, Westchester County, dated September 8, 1967 affirmed, with $10 costs and disbursements. The affidavit in opposition fails to reveal any facts sufficient to raise a triable issue.
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