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MARINE MIDLAND BANK v. DINO & ARTIE'S AUTOMATIC TRANSMISSION CO.

168 A.D.2d 610 (1990)

Marine Midland Bank, N. A., Respondent, v. Dino & Artie's Automatic Transmission Co. et al., Defendants, and Arturo Defeo, Appellant

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

December 24, 1990

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

It is well settled that "the drastic remedy of summary judgment is appropriate only where a thorough examination of the merits clearly demonstrates the absence of any triable issues of fact" (Piccirillo v Piccirillo, 156 A.D.2d 748, 750; Hantz v Fishman, 155 A.D.2d 415, 416). Moreover, the parties' competing contentions...

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