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GREGORIO v. METRO. TRANSP. AUTH.

224 A.D.2d 488 (1996)

638 N.Y.S.2d 355

Leonard J. Gregorio, Plaintiff, v. Metropolitan Transportation Authority et al., Defendants and Defoe Corp., Defendant and Third-Party Plaintiff-Appellant. Rice Mohawk U.S. Construction Co., Ltd., et al., Third-Party Defendants-Respondents

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

February 13, 1996

Ordered that the order is affirmed, with costs.

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 a material issue of fact is arguable, requires denial of summary...

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