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McGILLICUDDY v. CITY OF NEW YORK

157 A.D.2d 625 (1990)

Joseph McGillicuddy et al., Respondents, et al., Plaintiffs, v. City of New York, Defendant, and Top Quality Wood Work Corp., Appellant

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

January 25, 1990

It is well settled that summary judgment is a drastic remedy available only when it is clear that, accepting the opponent's allegations as given for purposes of the motion, there are no issues of fact left to be resolved. (Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395.) Issues of fact exist as to the nature of plaintiffs' respective employments, whether a subcontracting relationship was involved, whether either plaintiff...

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