Opinion
November 14, 1994
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that material questions of fact exist precluding any award of summary judgment to the defendant third-party plaintiff Amusement Realty Corp. (see, Rudnitsky v. Robbins, 191 A.D.2d 488, 489; cf., Hecht v. Vanderbilt Assocs., 141 A.D.2d 696, 699; see also, Hesse v. Speece, 204 A.D.2d 514; Forte v. Bahary, 181 A.D.2d 657). Thompson, J.P., Balletta, Rosenblatt and Florio, JJ., concur.