Order, Supreme Court, Bronx County (Eatricia Anne Williams, J.), entered October 15, 2003, which denied the motion of defendant Dormitory Authority of the State of New York for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
On the record presented here, there are issues of fact which preclude the grant of summary judgment. Concur—Mazzarelli, J.P., Andrias, Friedman, Marlow and Sweeny, JJ.