RINALDI v. HOLT, RINEHART & WINSTON, INC.


53 A.D.2d 839 (1976)

Dominic S. Rinaldi, Respondent-Appellant, v. Holt, Rinehart & Winston, Inc., et al., Appellants, and Village Voice, Inc., Respondent

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

July 13, 1976


LUPIANO, J. (concurring).

I would affirm the order appealed from for the reasons set forth in Special Term's cogent opinion. Our Court of Appeals has declared: "To grant summary judgment it must clearly appear that no material and triable issue of fact is presented (Di Menna & Sons v City of New York, 301 N.Y. 118). This drastic remedy should not be granted where there...

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