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CELARDO v. BELL

222 A.D.2d 547 (1995)

635 N.Y.S.2d 85

Anthony Celardo, Respondent, v. Clarence Bell, Jr., Defendant and Third-Party Plaintiff-Appellant. New York Financial and Mortgage Co., Inc., Third-Party Defendant-Respondent

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

December 18, 1995

Ordered that the order is reversed, on the law, with costs, and the motion and the cross motion are denied.

It is axiomatic that summary judgment is a drastic remedy which should only be granted if it is clear that no material issues of fact have been presented. Issue finding, rather than issue determination, is the court's function (Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395

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