Grunder v. Schwab

The order should be modified by granting summary judgment dismissing the fourth charge in the complaint, as consented to by plaintiff, and as so modified, affirmed, without costs.

In affirming the order insofar as it denies relief to defendants-appellants, we do not pass upon the merits of any of the three remaining charges asserted by plaintiff. We hold merely that upon the papers submitted there are presented issues of fact which cannot be summarily decided.

Martin, P. J., Townley, Cohn and Callahan, JJ., concur; Glennon, J., dissents and votes to reverse that part of the order which denies…