To succeed upon this motion, the plaintiff must establish that there are no issues of fact to be tried. (Famous Realty v. Frindel, 135 N.Y.S.2d 261; General Investment Co. v. Interborough R. T. Co., 235 N.Y. 133; Curry v. Mackenzie, 239 N.Y. 267.) As the court said in Salt Springs Nat. Bank of Syracuse v. Hitchcock (238 App. Div. 150, 151): "For unless...
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