
    Marguerite Clement, Respondent, v. Albert Merker, Appellant.
    Argued October 2, 1946;
    decided October 18, 1946.
    
      
      Edward J. Grenier for appellant.
    
      John J. Murphy for respondent.
   Judgments reversed, without costs, and plaintiff’s motion for summary judgment denied upon the ground that the record submitted by both parties reveals a controversy involving issues of fact which should be tried (Rules Civ. Prac., rule 113; Curry v. Mackenzie, 239 N. Y. 271, 272.) No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Fuld, JJ.  