Order modified by deleting therefrom the provisions dismissing the fourth affirmative defense. As so modified, order affirmed insofar as appealed from, without costs or disbursements.
A question of fact is raised, inter alia, by defendant Jeno Berger's affidavit in opposition to plaintiff's motion for summary judgment, as to whether the lease agreement was indeed what it purported to be or whether it was a disguised loan (see McGalliard v Liberty Leasing...
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