Judgment unanimously affirmed without costs.
Memorandum:
We reject defendant's contention that Supreme Court (NeMoyer, J.) erred in granting plaintiff's motion for a directed verdict when another Supreme Court Justice (Notaro, J.) had previously denied plaintiff's motion for summary judgment. Justice Notaro had found a triable issue of fact whether defendant complied with an agreement between the parties. "A denial of a motion for summary judgment is not necessarily...
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