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R. L. FREIDLAND REALTY, INC. v. MODERN CABINET CORP.

128 A.D.2d 510 (1987)

R. L. Freidland Realty, Inc., Appellant, v. Modern Cabinet Corp. et al., Respondents

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

March 2, 1987

Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.

Special Term erred in granting summary judgment to the defendants since the plaintiff has raised sufficient triable issues of fact to withstand a motion for such relief (see, Elzer v Nassau County, 111 A.D.2d 212). In the first instance, contrary to Special Term's conclusion, a question of fact exists as to

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