Opinion
570111/07.
Decided on January 18, 2008.
PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Debra R. Samuels, J.), dated December 4, 2004, which denied his motion for partial summary judgment.
Order (Debra R. Samuels, J.), dated December 4, 2004, affirmed, with $10 costs.
In this action seeking the return of monies allegedly given by plaintiff as a security deposit, plaintiff's motion for partial summary judgment was properly denied. The record discloses factual issues as to the nature of the parties' relationship and the terms of the oral agreement between them.