Hob Enterprises Corp. v. Roslyn Park Holding Corp. (32 A.D.2d 788, 1969)

Order of the Supreme Court, made

in Queens County on December 5, 1968, affirmed, with $10 costs and disbursements. No opinion. Rabin, Acting P. J., Benjamin, Munder and Kleinfeld, JJ., concur; Martuscello, J., dissents and votes to reverse the order and to grant plaintiff’s motion for summary judgment on the ground that there are no triable issues of fact (Graf v. Hope Bldg. Corp., 254 N. Y. 1).