Securities
James A. Mullen, Plaintiff, v. Michael Green, Defendant and Third-Party Plaintiff-Appellant. Security Mutual Liability Insurance Company, Third-Party Defendant-Respondent
281 A.D. 705·New York Supreme Court, Appellate Division·1952·NY
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Opinion
James A. Mullen, Plaintiff, v. Michael Green, Defendant and Third-Party Plaintiff-Appellant. Security Mutual Liability Insurance Company, Third-Party Defendant-Respondent.
[MAJORITY]
Order granting motion of the third-party defendant for summary judgment reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs. In our opinion, the pleadings and affidavits raise an issue which can be determined only on a trial of the third-party action. Johnston, Acting P. J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur.