
    John K. Dugan, Appellant, v County of Rensselaer, Respondent.
    Decided May 6, 1986
    
      APPEARANCES OF COUNSEL
    
      Seymour Fox and Neil F. Woodworth for appellant.
    
      James A. Lombardo for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and defendant’s motion for summary judgment denied because the record presents issues of fact requiring a trial (CPLR 3212 [b]).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.  