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ORENSKY v. FAIM INFO. SERVS., INC.

43 A.D.2d 973 (1974)

Jacob P. Orensky, Respondent, v. Faim Information Services, Inc., Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 19, 1974

Order reversed insofar as appealed from, without costs.

In our opinion, the subject matter of this action, to wit, the agreement under which each party claims and counterclaims, presents interrelated and disputed issues of fact not properly resolvable under CPLR 3212 (subd. [g]). The seemingly absolute language of paragraph 2 of the agreement appears to be qualified by the language of paragraph 5 thereof and properly presents an issue of fact to be determined at trial...

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