
    Aaron Studman, Respondent, v. Wynn Brandman, Appellant.
    Supreme Court, Appellate Term, Second Department,
    May 26, 1959.
    
      Madder Bros. (Seymour G. Madder of counsel), for appellant.
    
      Charles Metz for respondent.
   Per Curiam.

The order granting plaintiff’s motion for summary judgment and judgment entered thereon should be unanimously reversed on the law, with $10 costs to defendant and motion denied. The affidavits submitted present triable issues of fact as to whether or not the notes in question were executed and delivered upon the condition alleged by the defendant. (Sillman v. Twentieth Century-Fox Corp., 3 N Y 2d 395 and cases cited therein.)

Concur — Pette, Hart and Brown, JJ.

Order reversed, etc.  