Order modified by striking therefrom the ordering paragraphs and by substituting therefor the following: "ORDERED, that the plaintiff's motion and the defendant's cross motion be and the same hereby are in all respects denied." As so modified, order unanimously affirmed, without costs, and judgment vacated.
In our opinion, the record discloses issues of fact which should not have been decided summarily on motion. If it be assumed that the affidavit of appellant's...
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