Opinion
April 23, 1979
Appeal by defendant from a judgment of the Supreme Court, Nassau County, entered November 9, 1978, which is in favor of plaintiff upon the granting of plaintiff's motion for summary judgment in lieu of complaint. Judgment reversed, with $50 costs and disbursements, and plaintiff's motion for summary judgment is denied. There are issues of fact presented which necessitate a trial. Rabin, J.P., Gulotta, Margett and Martuscello, JJ., concur.