SALINO v. IPT TRUCKING, INC.


203 A.D.2d 352 (1994)

610 N.Y.S.2d 77

Charles Salino, Doing Business as Parkside Service Center of Brooklyn, Appellant, v. IPT Trucking, Inc., et al., Defendants, and Star Enterprise, Respondent

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

April 11, 1994


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.

It is well settled that in order to grant summary judgment, it must clearly appear that no material issue of fact has been presented. Issue finding rather than issue determination is the key. Since summary judgment is the procedural equivalent of a trial, any doubt as to the existence of a triable issue, or where the material issue of fact is "arguable", requires...

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