Opinion
April 29, 1998
(Appeal from Order of Supreme Court, Onondaga County, Hayes, J., Summary Judgment.)
Present — Pine, J.P., Lawton, Wisner, Balio and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Viewing the evidence submitted by plaintiffs in the light most favorable to them, we conclude that it arguably raises a triable issue of fact. The motion of defendant Sutton Real Estate Co., Inc., for summary judgment therefore was properly denied ( see, Ferrante v. County of Nassau, 226 A.D.2d 1135; Smith v. Key Bank, 206 A.D.2d 848, 849; Hourigan v. McGarry, 106 A.D.2d 845, 845-846).