HELLER v. TRS. OF THE TOWN OF EAST HAMPTON


166 A.D.2d 554 (1990)

Ben Heller, Appellant-Respondent, v. Trustees of the Town of East Hampton et al., Respondents-Appellants, and Northwest Alliance, Inc., Intervenor

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

October 15, 1990


Ordered that the order is affirmed, without costs or disbursements.

Although we agree with the Supreme Court that the defendant Trustees and the plaintiff were not entitled to summary judgment on their respective motion and cross motion, we differ with respect to the reasons therefor.

It is axiomatic that summary judgment requires issue-finding rather than issue-determination and that resolution of issues of credibility...

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