Opinion
January 11, 1999.
Appeal from the Supreme Court, Nassau County (Dunne, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied that branch of the defendant's motion which was for summary judgment dismissing the first cause of action since issues of fact exist.
O'Brien, J.P., Sullivan, Krausman and Florio, JJ., concur.