Opinion
December 9, 1968
Appeal from a judgment of the Supreme Court, Nassau County, entered October 20, 1967, pursuant to an order of said court dated October 17, 1967, which granted plaintiff's motion for summary judgment. Judgment and order reversed, on the law, without costs, and motion denied. In our opinion, triable issues of fact exist which preclude the granting of summary judgment. Beldock, P.J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.