Yourth v. Boggs

Order entered April 22, 1969 granting plaintiff summary judgment, and judgment entered thereon April 30, 1969, unanimously reversed, on the law, without costs or disbursements, the judgment vacated and the motion denied. Plaintiff’s marital status prior to October, 1966 has been placed in issue by defendant’s evidence. Sufficient circumstantial facts were proffered to lead a reasonable mind to conclude that plaintiff married Stuart Walker during 1966. Summary judgment may not be granted where there is any doubt as to the existence of material and triable issues of fact —• or where the issue…