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TRUSCELLI v. FIREMAN'S FUND INS. COS.

137 A.D.2d 806 (1988)

Joseph Truscelli, Appellant, v. Fireman's Fund Insurance Companies, Respondent, et al., Defendant. (And a Third-Party Action.)

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

February 29, 1988

Ordered that the order is affirmed, with costs.

Summary judgment is a drastic remedy which only should be granted when there is no doubt as to the existence of an arguable triable issue of fact (see, Andre v Pomeroy, 35 N.Y.2d 361). At bar, the opposing papers of the respondent Fireman's Fund Insurance Companies were sufficient to raise a question as to whether the plaintiff's boat was being used for a commercial purpose...

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