Opinion
January 13, 1992
Appeal from the Supreme Court, Richmond County (Amann, J.).
Ordered that the appeal from the order entered January 17, 1991, is dismissed, as that order was superseded by the order entered May 10, 1991, made upon reargument; and it is further,
Ordered that the order entered May 10, 1991, is affirmed insofar as appealed and cross-appealed from; and it is further,
Ordered that the defendant is awarded one bill of costs.
Contrary to the plaintiff's claims, there are numerous issues of fact which preclude the granting of partial summary judgment or the dismissal of the defendant's affirmative defenses.
We have reviewed the parties' remaining contentions and find them to be without merit. Kunzeman, J.P., Balletta, Miller and Ritter, JJ., concur.