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DuLUC v. RESNICK

224 A.D.2d 210 (1996)

637 N.Y.S.2d 146

Ramon DuLuc et al., Plaintiffs, v. Alan Resnick et al., Defendants Desirable Temperature Corp., Third-Party Plaintiff-Appellant, v. Renate Gill, Third-Party Defendant-Respondent

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

February 6, 1996

Summary judgment is a drastic remedy which should not be granted if there is a material and triable issue of fact presented (Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395, 404). If there is any doubt as to the existence of such an issue, or if the issue is "arguable", a motion for summary judgment should be denied (supra).

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