Opinion
May 21, 1990
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the appeal from the order entered October 20, 1988, is dismissed, as that order was superseded by the order dated January 19, 1989, made upon renewal and reargument; and it is further,
Ordered that the order entered January 19, 1989 is reversed insofar as appealed from, on the law, the order entered October 20, 1988, is vacated, and the motion for summary judgment is denied; and it is further,
Ordered that the appellant is awarded one bill of costs.
We find that under the circumstances of this case, summary judgment should have been denied, since the record reveals the existence of issues of fact. Kunzeman, J.P., Rubin, Eiber and Miller, JJ., concur.