Appellate Division of the Supreme Court of the State of New York November 1, 1940 (Maltese v. Hanna)

Judgment and orders unanimously *905reversed, with, costs, and the motion for summary judgment denied. Defendant’s answer and papers in opposition to the motion present a question of fact with respect to alleged fraud and deceit in the sale of the lumber which was the consideration for the note sued upon. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.