Judgment and order reversed, on the law and facts, with costs to appellant to abide the event, and motion denied, with $10 costs.
Memorandum:
Upon this motion for summary judgment the burden is upon the plaintiff to submit convincing proof that the answer is sham and that there is no real defense or issue of fact to be determined. (Stuyvesant Credit Union v. Manufacturers Trust Co., 239 App. Div. 187, 189). The defendant's answer and her affidavits...
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