Opinion
October 27, 1997
Appeal from Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
There are issues of fact which preclude the granting of summary judgment ( see, Allein v. Niagara Frontier Servs., 209 A.D.2d 926; Phillips v. United Artists Communications, 201 A.D.2d 634; cf., Kennedy v. Wegmans Food Mkts., 90 N.Y.2d 923).
Miller, J.P., Pizzuto, Altman and Goldstein, JJ., concur.