United States v. Southern Steamships (Proprietary) Ltd. , 10 A.D.2d 706 ( 1960 )

Order granting summary judgment and judgment dismissing the complaint unanimously reversed on the law, with costs to the appellant, and the motion denied, with $10 costs. On this record, there is sufficient to establish the existence of issues of fact that require determination at a trial. Appeal from order entered on September 22, 1959 [denying plaintiff’s motion for rehearing on additional papers] dismissed as moot. Conctj.? — Breitel, J. P., Rabin, M. M. Frank, Valente and McNally, JJ,