Whittemore v. Pasquale

Order, dated March 13, 1959, and entered at Special Term, is unanimously modified on the law to the extent of denying defendants’ motion for summary judgment, by deleting the second decretal paragraph, and deleting the word “ granted ” in the first decretal paragraph and substituting therefor the word “ denied ”, and, as so modified, affirmed, *794without costs. While we express no views as to the merits of the action, the record permits the conclusion that there is a triable issue. Title to the premises in question was taken by the defendant corporation and was never vested in the individual…