Opinion
August 24, 1998
Appeal from the Supreme Court, Kings County (Rappaport, 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]).
Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.