Order denying defendant's cross motion for summary judgment dismissing the complaint affirmed, without costs.
In our opinion this record presents controverted issues of fact as to the agreements made by the parties and their continuance material to the determination of the controversy, which may not be summarily determined by motion but must await trial. (Werfel v. Zivnostenska Banka, 287 N.Y. 91, 93; Curry v. Mackenzie, 239 N.Y. 267, 272; Gross v...
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