Ordered that the order and judgment (one paper) entered on April 12, 1988 is reversed insofar as appealed from, on the law, without costs or disbursements, and the motion for summary judgment is denied; and it is further,
Ordered that the order entered March 14, 1988 is affirmed, without costs or disbursements.
It is well established that summary judgment will only be awarded if there are no material and triable issues of fact (Sillman v Twentieth Century...
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