Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied that part of the summary judgment motion of defendant Thypin Steel Co., Inc. (Thypin), seeking payment for certain invoices. Upon our review of the record, we conclude that there are material issues of fact whether Thypin is entitled to payment on the foregoing invoices (see, Zuckerman v City of New...
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