
    Brooklyn Fire Brick Works, Inc., Respondent, v. Brooklyn Contractors Machinery Exchange, Inc., Appellant.
    Supreme Court, Appellate Term, First Department,
    March 15, 1944.
    
      Michael I. Winter for appellant.
    
      Ernest J. Pirman for respondent.
   Memorandum

Per Curiam.

The Rules of Civil Practice do not authorize the court to conduct a hearing as to an issue of fact on a motion for summary judgment. There were issues of fact raised which required a trial.

Judgment reversed, with ten dollars costs to appellant to abide the event, and motion denied.

Concur: Hammer, McLaughlin and Eder, JJ.  