The presence of issues of fact which led the Special Term to direct a reference requires denial of the motion for summary judgment. Summary judgment is not a provision for an abbreviated trial of material issues of fact but merely a procedure for determining whether there are material issues of fact. Once it is determined that there are such issues of fact, summary judgment must be denied at least as to those material issues of fact. The provision of CPLR 3212 (subd [c])...
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