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SCOTT v. LONG ISLAND POWER AUTHORITY

294 A.D.2d 348 (2002)

741 N.Y.S.2d 708

VIVIAN SCOTT et al., Respondents, v. LONG ISLAND POWER AUTHORITY, Appellant.

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

Decided May 6, 2002.

Ordered that the order is affirmed, with costs.

It is well established that on a motion for summary judgment the court is not to engage in the weighing of evidence. Rather, the court's function is to determine whether "by no rational process could the trier of facts find for the nonmoving party" (Jastrzebski v North Shore School Dist., 223 A.D.2d 677, 678 [internal quotation marks omitted]). It is equally well established...

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