Judgment, entered June 28, 1976 in New York County, is unanimously reversed, on the law, without costs and without disbursements, and the underlying order, entered June 24, 1976, is unanimously modified, on the law, to the extent of denying defendant's motion for summary judgment on his counterclaims and is otherwise affirmed, without costs and without disbursements.
It is well established that summary judgment should be withheld where a plaintiff asserting a small...
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