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AKSEIZER v. KRAMER

265 A.D.2d 356 (1999)

696 N.Y.S.2d 849

STEPHEN AKSEIZER et al., Respondents, v. HERBERT KRAMER, Appellant.

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

Decided October 12, 1999.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

It is well settled that summary judgment is a drastic remedy that is to be granted only where there is no clear triable issue of fact (see, Andre v Pomeroy, 35 N.Y.2d 361). In deciding the motion, the evidence must be viewed in the light most favorable to the opposing party (see, Matter of Benincasa v Garrubbo,

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