Opinion
December 28, 1992
Appeal from the Supreme Court, Nassau County (Morrison, J.).
Ordered that the appeal from the order dated November 29, 1990, is dismissed, without costs or disbursements, as that order was superseded by the order dated February 8, 1991, made upon reargument; and it is further,
Ordered that the order dated February 8, 1991, is affirmed insofar as appealed from, without costs or disbursements.
Upon review of the record, we conclude that there exist triable issues of fact which preclude the granting of summary judgment to the defendant Martin Elias Realty. Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.