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The papers on the application for summary judgment demonstrate the existence of triable issues, requiring proof of such things as the intent of the parties to the contract and the attendant circumstances. Judgment and order reversed, on the law and the facts, and motions for summary judgment denied, without costs. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.
Document Info
Citation Numbers: 19 A.D.2d 937
Filed Date: 11/21/1963
Precedential Status: Precedential
Modified Date: 1/12/2022