CURRIE, J.
The plaintiff lessees contend that the order denying defendants' motion for summary judgment was proper because the pleadings and affidavits raised material issues of fact. However, it has been repeatedly held that disputed questions of fact, where they are immaterial to the questions of law presented, do not afford a basis for denying an application for summary judgment. Carney-Rutter Agency v. Central Office Buildings (1953),
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