[1] ORDER [2] This case came before this court on January 27, 1993, pursuant to an order directing both parties to appear and show cause why this appeal should not be summarily decided.
[3] The defendant appeals from entry of summary judgment in favor of the plaintiff. Upon review we find that the defendant's allegations of fraudulent conduct reveal a genuine issue of material fact. This matter is therefore one in which it was inappropriate to grant summary judgment.
[4] For these reasons the appeal is sustained, the judgment appealed from is vacated and the papers of the case are remanded to the Superior Court for further proceedings.