Boyer v. New York Property Insurance Underwriting Ass'n

— Judgments of the Supreme Court, New York County (Irwin Silbowitz, J.), entered on February 26, 1985, which, respectively, granted defendant’s motions for summary judgment dismissing the complaint, are unanimously reversed, on the law, the motions denied and the two matters consolidated, with costs and disbursements.

The law is clear that summary judgment is a drastic remedy which should not be granted where , there exists a triable issue of fact. (Rotuba Extruders v Ceppos, 46 NY2d 223; Crocker Commercial Servs. v Safdie, 111 AD2d 34.) In that regard, the record herein reveals disputed…