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J.C. DRYWALL & ACCOUSTICAL CONTRACTORS, INC. v. WEST SHORE PARTNERS

187 A.D.2d 564 (1992)

J.C. Drywall & Accoustical Contractors, Inc., Appellant, v. West Shore Partners et al, Respondents

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

November 16, 1992

Ordered that the order is affirmed, with costs.

We reject the plaintiff's contention that its motion for partial summary judgment 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, 35 N.Y.2d 361, 364). Here, there are questions of fact as to whether the plaintiff completed or substantially...

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