Opinion
April 15, 1996
Appeal from the Supreme Court, Westchester County (Barone, J.).
Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
We agree with the Supreme Court that there are material issues of fact which require a trial ( see, CPLR 3212 [b]). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.