CASALE v. EAST RIVER TOWERS CO.


117 A.D.2d 554 (1986)

John B. Casale, Jr., Respondent-Appellant, v. East River Towers Company et al., Appellants-Respondents

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

February 25, 1986


Plaintiff's motion for an order amending the record on appeal is granted, without costs.

The key to summary judgment is issue finding, rather than issue determination. It is a drastic remedy, and should not be lightly granted. (Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395, 404 [1957].) We believe Special Term improvidently granted partial summary judgment to plaintiff, since the critical contractual language raises...

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