
    James F. Nuno, Appellant, v. Nugent Construction Corporation, Respondent.
    
      Pleading — motion for summary judgment.
    
    
      Nuno v. Nugent Construction Corpn., 208 App. Div. 739, affirmed.
    (Argued May 20, 1924;
    decided June 6, 1924.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1924, which reversed an order of Special Term granting a motion by plaintiff for summary judgment. The action was to recover a balance alleged to be due for work done and materials furnished. The answer denied some of the allegations of the complaint and set up a separate defense of payment in full.
    The following question was certified: “ Is the plaintiff in this case entitled to summary judgment under rule 113 of the Rules of Civil Practice? ”
    
      Charles S. Yawger for appellant.
    
      William F. Kimber for respondent.
   Order affirmed, with costs; question certified answered in the negative; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  