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GNIEWEK v. CONSOLIDATED EDISON CO.

271 A.D.2d 643 (2000)

707 N.Y.S.2d 871

GERARD GNIEWEK, Appellant, v. CONSOLIDATED EDISON CO., Respondent.

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

Decided April 24, 2000.

Ordered that the order is affirmed, with costs.

It is well established that summary judgment will be granted only if there are no triable issues of fact (see, Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395, 404). Issue finding, rather than issue determination, is the key to summary judgment (see, Krupp v Aetna Life & Cas. Co., 103 A.D.2d 252, 261). The court should...

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