Opinion
August 7, 1989
Appeal from the Supreme Court, Kings County (I. Aronin, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that there are disputed issues of fact which preclude an award of summary judgment in the plaintiff's favor (see, Mortimer v. Lynch, 119 A.D.2d 558). Mollen, P.J., Thompson, Lawrence and Eiber, JJ., concur.