SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
October 14, 1968
MAMIE E. BASKERVILLE ET AL., RESPONDENTS,
HOWARD P. SOLOMON, APPELLANT
Order of the Supreme Court, Richmond County, dated May 14, 1968, which granted plaintiffs' motion for summary judgment and directed an assessment of damages, reversed, on the law, with $10 costs and disbursements, and motion denied.
Beldock, P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.
In our opinion, triable issues of fact are presented which may not be resolved without a plenary trial.
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