Ordered that the interlocutory judgment is reversed, on the law, the order dated November 26, 2001, is vacated, and the plaintiff's motion for summary judgment on the issue of liability is denied; and it is further,
Ordered that the appeal from the order is dismissed as academic; and it is further,
Ordered that one bill of costs is awarded to the defendant.
Summary judgment will only be granted if there is no triable issue of fact (see Sillman v...
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