Opinion
2004-1583 Q C.
Decided July 21, 2005.
Appeal by plaintiff from an order of the Civil Court, Queens County (D. Pineda-Kirwan, J.), entered on September 15, 2004, which denied its motion for summary judgment.
Order unanimously affirmed without costs.
Before: PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
For the reasons stated in Discover Bank v. Kagan (No. 2004-1582 Q C decided herewith), plaintiff's motion for summary judgment was properly denied.