Appeal from original order, dated July 13, 1966, dismissed insofar as appealed from, as academic, without costs.
In our opinion, summary judgment was properly denied since issues of fact were raised relative to (1) equitable estoppel, (2) waiver of the provisions of the contract making time of the essence and (3) whether there was an oral modification as to adjournment of the closing date and, if so, whether the modification was executed, so as to take it without...
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