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PEARSON v. DIX McBRIDE, LLC

63 A.D.3d 895 (2009)

STARLET PEARSON, Respondent, v. DIX McBRIDE, LLC, Appellant, et al., Defendant.

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

Decided June 16, 2009.

Ordered that the order is affirmed, with costs.

The drastic remedy of summary judgment should be granted only if there are no triable issues of fact (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). "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 to determine whether such issues exist" (Kolivas v Kirchoff,<...

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