Celardo v. Bell

—In an action to foreclose a mortgage, the defendant third-party plaintiff appeals from an order of the Supreme Court, Nassau County (O’Brien, J.), dated September 9, 1993, which granted the plaintiff’s motion for *548summary judgment and the third-party defendant’s cross motion to dismiss the third-party complaint.

Ordered that the order is reversed, on the law, with costs, and the motion and the cross motion are denied.

It is axiomatic that summary judgment is a drastic remedy which should only be granted if it is clear that no material issues of fact have been presented. Issue finding, rather…