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ORTADO v. GLUCK

204 A.D.2d 294 (1994)

614 N.Y.S.2d 153

Michael F. Ortado et al., Respondents, v. Michael Gluck et al., Respondents, and Sergio Palazetti, Doing Business as Palazetti Furniture Warehouse, Appellant

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

May 2, 1994

Ordered that the order is affirmed, with one bill of costs.

We agree with the Supreme Court that questions of fact exist precluding the granting of summary judgment to the appellant (see, Colson v Wood Realty Co., 39 A.D.2d 511; Braithwaite v Grand Union Co., 22 A.D.2d 941

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