Ordered that the order is affirmed insofar as appealed from, with costs.
In response to the defendants' prima facie showing of entitlement to judgment as a matter of law based upon the written agreements between the parties, the plaintiff raised triable issues of fact arising from the allegations in his complaint, and the admissions of the defendant Frank Urbinati, Jr., at a deposition in a prior action (see Matisoff v Dobi,
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