Order entered December 11, 1969, denying summary judgment to plaintiff, unanimously affirmed without costs and without disbursements.
As Special Term denied the motion on the ground that there were issues of fact, without specifying what those issues were, we deem it advisable to provide a general guideline for the trial court. Plaintiff lost his post as Deputy Director of Civil Defense when the department was abolished. He was then certified to a list as qualified...
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