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EXTEBANK v. ZIEGLER

207 A.D.2d 327 (1994)

615 N.Y.S.2d 419

Extebank, Respondent, v. Paul Ziegler et al., Defendants, and Eileen Ziegler, Appellant

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

August 1, 1994

Ordered that the judgment is affirmed insofar as appealed from, with costs.

It is well settled that summary judgment is appropriate only where a thorough examination of the merits clearly demonstrates the absence of any triable issues of fact (see, Marine Midland Bank v Dino & Artie's Automatic Transmission Co., 168 A.D.2d 610). In the instant case, the appellant neither denied having executed an unlimited continuing...

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