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CRAFT v. MAIER

167 A.D.2d 933 (1990)

Gary Craft, Appellant, v. George Maier, Respondent

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

November 16, 1990

Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not err in denying plaintiff's motion for summary judgment. The questions of credibility on motions for summary judgment pursuant to CPLR 3212 or 3213 should not be resolved by the motion court; such questions should be deferred to the trier of the facts (see, Davis Acoustical Corp. v Matzen Constr., 57 A.D.2d 1018<...

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