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AGUILAR v. CITY OF NEW YORK

6917, 301790/11, 2871, 83918/13.

162 A.D.3d 601 (2018)

79 N.Y.S.3d 159

2018 NY Slip Op 04838

Jose Aguilar, Plaintiff, v. City of New York et al., Defendants. (And a Third Party Action.) Conair Corporation, Second Third-Party Plaintiff-Respondent, v. Ashlar Mechanical Corp., Second Third-Party Defendant-Appellant.

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

Decided June 28, 2018.

It is well settled that summary judgment is a drastic remedy that should be employed only when there is no doubt as to the absence of triable issues (see Andre v Pomeroy, 35 N.Y.2d 361, 364 [1974]; Martin v Briggs, 235 A.D.2d 192, 196 [1st Dept 1997]). The court should accept as true the evidence submitted by the opposing party and evidence of the movant that favors the opposing party (...

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