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MIDLAND MORTGAGE CORP. v. 52ND ST. OWNERS CORP.

106 A.D.2d 376 (1984)

Midland Mortgage Corp., Respondent, v. 52nd Street Owners Corp. et al., Appellants

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

December 3, 1984

Order affirmed, insofar as appealed from, with costs.

Summary judgment is a drastic remedy which should not be granted where, as at bar, there is any doubt as to the existence of triable issues of fact (see, e.g., Rotuba Extruders v Ceppos, 46 N.Y.2d 223, 231; Mallad Constr. Corp. v County Fed. Sav. & Loan Assn., 32 N.Y.2d 285; Coley v Michelin Tire Corp.,

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