Muchnick v. O. S. H. Construction Corp.

In an action, inter alia, to recover damages for fraud, the appeal is from an order of the Supreme Court, Nassau County, dated September 9, 1975, which denied appellant’s motion, which, inter alia, sought summary judgment. Order affirmed, without costs or disbursements. In our view, the moving and opposing papers presented to the Special Term raise issues of fact which can only be resolved at a trial. Hopkins, Acting P. J., Hartuscello, Latham, Titone and Hawkins, JJ., concur.