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ST. PAUL INDUS. PARK, INC. v. NEW YORK STATE URBAN DEV. CORP.

63 A.D.2d 822 (1978)

St. Paul Industrial Park, Inc., Respondent, v. New York State Urban Development Corporation, Appellant

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

May 19, 1978

Order and judgment unanimously reversed, without costs, and motion denied.

Memorandum:

Summary judgment is a drastic remedy and before it is granted "it must clearly appear that no material and triable issue of fact is presented * * * `issue-finding, rather than issue-determination, is the key to [a motion for summary judgment]'." (Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395, 404.) "Since it deprives...

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