
    James F. Nuno, Respondent, v. Nugent Construction Corporation, Appellant.
   Order granting plaintiff’s motion for summary judgment, and judgment entered upon such order, reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We think the answer presented an issue to be determined on the trial. Kelly, P. J., Jaycox, Young and Kapper, JJ., concur; Manning, J., dissents.  