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DOUGHERTY v. KINARD

215 A.D.2d 521 (1995)

626 N.Y.S.2d 554

Donna Dougherty, Respondent, v. Lydia Kinard, Appellant et al., Defendant

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

May 15, 1995

Ordered that the order is affirmed, with costs.

It is axiomatic that issue finding, rather than issue determination, is the standard of reviewing the denial of a motion for summary judgment (see, Downing v Schreiber, 176 A.D.2d 781). Where there are no material and triable issues of fact, the motion for summary judgment should be granted (see, Rotuba Extruders v...

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