Opinion
November 20, 1967
Order of the Supreme Court, Nassau County, dated February 28, 1967, which denied (1) the motion of plaintiff Incorporated Village of Manorhaven for summary judgment dismissing defendant's counterclaims and (2) defendant's cross application for summary judgment dismissing certain defenses and partial defenses in said plaintiff's amended reply, affirmed, without costs. In our opinion, the questions as to whether defendant's right of action did not accrue until the completion of the work and transmittal of the final certificate and estimate as required by the contract, or whether the plaintiff village should be estopped to assert the defense of time limitations, are issues of fact for trial and the presence of those fact issues requires denial of summary judgment. Christ, Acting P.J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.