Ordered that the order is affirmed, without costs or disbursements.
To grant summary judgment, it must clearly appear that no material and triable issue of fact is presented and that the movant is entitled to judgment in his or her favor as a matter of law. This drastic remedy should not be granted where there is any doubt as to the existence of such issues or where the issue is arguable. Issue-finding, rather than issue-determination, is the key to the procedure...
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