Opinion
March 11, 1998
APPEAL from District Court of Nassau County (Ira J. Raab, J.),
Bellavia Kassel, P.C., Mineola ( John S. Ciulla of counsel), for appellant. Robert L. Dougherty, Garden City, for respondent.
MEMORANDUM.
Order unanimously affirmed with $10 costs.
We conclude that denial of the motion for summary judgment was proper. In addition, we note that this appeal was not frivolous.
INGRASSIA, J.P., FLOYD and LEVITT, JJ., concur.