Order reversed, with $10 costs and disbursements, and motion denied.
In our opinion, the record discloses triable issues of fact which should await a trial. Evidence which might be excluded on a trial pursuant to section 347 of the Civil Practice Act, while not to be used as the basis for granting summary judgment in favor of the party who offers such evidence (Ditkoff v. Prudential Sav. Bank, 245 App. Div. 748), may nevertheless be considered in ascertaining...
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