Order of the Appellate Term and order and judgment of the Civil Court of the City of New York, County of Kings, reversed, with $20 costs and disbursements to defendant in this court and with $20 costs and disbursements to defendant upon the appeal to the Appellate Term, and plaintiff's motion for summary judgment remitted to the Civil Court for (1) a traverse hearing as indicated hereinbelow and (2) a new determination.
In our opinion, there were issues of fact as...
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