We agree with the IAS Court that material issues of fact exist with respect to whether any negligence on the part of defendant-appellant was a proximate cause of the infant plaintiff's injury. Summary judgment is a drastic remedy and should not be granted where the opposing party is able to "show facts sufficient to require a trial of any issue of fact"
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FRADERA v. 124 REALTY CO.
220 A.D.2d 258 (1995)
632 N.Y.S.2d 464
Jose Fradera, an Infant, by His Mother and Natural Guardian, Aura Fradera, et al., Respondents, v. 124 Realty Co., Appellant, and Retarded Infant Services, Inc., et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 10, 1995
October 10, 1995
Appellate Division of the Supreme Court of the State of New York, First Department.
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