Opinion
June 20, 1994
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the appellant's motion for summary judgment, since the record presents material issues of fact as to the mailing and sufficiency of the demand for payment which the respondent claims to have sent to him (see, Nassau Ins. Co. v. Murray, 46 N.Y.2d 828). Sullivan, J.P., Balletta, Copertino and Santucci, JJ., concur.