Sullivan v. Travers-Goetz Associates, Inc.

In this action to recover a claimed balance due upon an alleged loan, an order was made which, among other things, granted plaintiff’s motion for summary judgment, and a judgment in favor of plaintiff was accordingly *909entered. Both the order and judgment were thereafter resettled. The appeal is by defendant from the judgment as resettled. Resettled judgment reversed on the law, with $10 costs and disbursements, and plaintiffs motion for summary judgment denied, without costs. A triable issue of fact exists as to whether the loan was made by respondent and whether the balance owing thereon is…