Majority
p. 958Harry R. Gross et al., Respondents, v Eli Wager, Individually and as a Partner of Wager & Shane Mortgage Servicing, Appellant.
In an action on a loan agreement, defendant appeals from an order of the Supreme Court, Kings County, dated December 1, 1975, which denied his motion for summary judgment. Order affirmed, with $50 costs and disbursements. We agree with the Special Term’s finding that there were triable questions of fact presented herein. Accordingly, the motion for summary judgment was properly denied (see CPLR 3212). Latham, Acting P. J., Margett, Titone and Mollen, JJ., concur.