C. K. Pistell & Co. v. Aetna Securities Corp.

Steuer, J. P.

(dissenting). I dissent and vote to affirm.

*472Both parties moved for summary judgment and both took the position that no question of fact was presented in the controversy between them. The learned court below denied plaintiff’s motion and granted defendant’s. We are all in accord that the denial of plaintiff’s motion was proper. But my colleagues disagree with the parties and the court below in that they find that there are questions of fact which prevent the granting of defendant’s motion.

Defendant acted as underwriter of an offering of debentures of a corporation called Hycalog,…