Opinion
July 3, 1989
Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).
Ordered that the order is reversed, with costs, and the motion is denied.
In this matter a disputed issue of fact exists which precludes the granting of summary judgment. The issue involved is the scope of the March 19, 1987, stipulation. We do not find that the defendant Varrichio has established as a matter of law that any of the provisions of the March 19, 1987, stipulation preclude this action by the plaintiff. Mangano, J.P., Brown, Lawrence and Eiber, JJ., concur.