Perez v. Hempstead Motor Sales, Ltd. , 674 NYS2d 564 ( 1998 )

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed with $10 costs.

We conclude that denial of the motion for summary judgment was proper. In addition, we note that this appeal was not frivolous.

Ingrassia, J. P., Floyd and Levitt, JJ., concur.