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BOYER v. NEW YORK PROP. INS. UNDERWRITING ASS'N

120 A.D.2d 363 (1986)

Ernst Boyer, Appellant, v. New York Property Insurance Underwriting Association, Respondent

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

May 8, 1986

The law is clear that summary judgment is a drastic remedy which should not be granted where there exists a triable issue of fact. (Rotuba Extruders v Ceppos, 46 N.Y.2d 223; Crocker Commercial Servs. v Safdie, 111 A.D.2d 34.) In that regard, the record herein reveals disputed questions of fact concerning the date that coverage commenced under the policy of insurance, whether defendant, by...

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