Ordered that the order is affirmed insofar as appealed from, with costs.
We reject the contention of the appellant (hereinafter Fitness) that its motion in Action No. 1 for summary judgment on its counterclaims was improperly denied. Summary judgment is a drastic measure and it should not be granted if there is any question as to the existence of a triable issue of fact (see, Andre v Pomeroy,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.