Per Curiam.
Special Term granted reargument and by order adhered to its original determination, and plaintiffs appeal from this order also. It is axiomatic that summary judgment may not be granted if there is an issue of fact, which fact is determinative of the cause of action (defense). Special Term held that upon the present record the injured persons (plaintiffs) had failed to give timely notice to the defendant pursuant to section 167 of the Insurance Law...
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