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OSTA v. JAZEBOSKI

65 A.D.2d 866 (1978)

Mario Osta, Respondent, v. Chester Jazeboski et al., Appellants

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

November 16, 1978

Order affirmed, without costs, on the opinion of Mr. Justice Cerrito at Special Term.

Mikoll, J. (dissenting).

I respectfully dissent. The grant of plaintiff's motion for summary judgment was improvident and the decision of Special Term should be reversed. Summary judgment is a drastic remedy which should not be granted if there is any doubt as to the existence of an issue of fact (Millerton Agway Co-op. v Briarcliff Farms,

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