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KOLIVAS v. KIRCHOFF

14 A.D.3d 493 (2005)

787 N.Y.S.2d 392

LEMONIA KOLIVAS, Respondent, v. MAUREEN D. KIRCHOFF et al., Appellants, and EMMANUEL GIAKOUMIS, Respondent.

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

January 10, 2005.

Ordered that the order is affirmed, with one bill of costs.

Summary judgment is a drastic remedy that deprives a litigant of his or her day in court, and it "should only be employed when there is no doubt as to the absence of triable issues" (Andre v Pomeroy, 35 N.Y.2d 361, 364 [1974]). The function of the court on a motion for summary judgment is not to resolve issues of fact or determine matters of credibility, but merely...

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