On defendants' appeal: Order, insofar as appealed from, reversed, without costs, and plaintiff's motion for summary judgment denied. The record presents issues of fact which may not be resolved on a motion for summary judgment. On plaintiff's appeal: Order, insofar as appealed from, affirmed, without costs.
We agree with the Justice at Special Term that the facts disclosed by this record do not warrant the granting of the special preference in trial sought by...
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