Opinion
June 22, 1998
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the appellant's motion for summary judgment. There are material issues of fact which require a trial (see, CPLR 3212 [b]).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.