POLLAK v. LAKE TIBET ESTATES, INC.


19 A.D.2d 747 (1963)

Siegfried Pollak et al., Respondents, v. Lake Tibet Estates, Inc., et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 8, 1963


Order, insofar as appealed from, affirmed, with $10 costs and disbursements.

In our opinion, triable issues of fact exist which cannot be determined on the basis of the conflicting affidavits submitted by the parties. We take note of the undesirable, if not improper, practice disclosed by the record on this appeal. It appears that this action was commenced in October, 1960 and that it first appeared on the Trial Calendar in September, 1961. It was set down for trial at the June 1962 Term, but was not reached. In August, 1962, the motion for summary judgment was made. Thus, the motion was made nearly two years after the inception of the action and less than a month prior to the time it would have been reached for trial. Such tactics have prevented the disposition of the action in the regular order. The remedy of summary judgment should be used to expedite, and not to delay, the disposition of actions (Jordan v. Levy, 16 A.D.2d 64, 65).


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