Ordered that the order is affirmed, with one bill of costs to the plaintiff.
The defendant March submitted the highest bids at a public auction of three properties offered for sale by the plaintiff. In this action brought by the plaintiff for breach of an agreement to purchase the properties, March moved for summary judgment. This motion was properly denied because there are triable issues of fact. Special Term also properly denied summary judgment to the additional defendant on the counterclaims since the affidavits raise issues of credibility which cannot be resolved on a summary judgment motion (see, Missan v. Schoenfeld, 95 A.D.2d 198, appeal dismissed 60 N.Y.2d 860). Thompson, J.P., Lawrence, Kunzeman and Sullivan, JJ., concur.