Citibank v. Dutka

Order, Supreme Court, New York County, entered June 8, 1979, which *521denied plaintiff’s motion for summary judgment against both defendants, modified, on the law, by granting partial summary judgment in the sum of $8,833.81 against defendant Sylvia Dutka, and, as modified, affirmed, without costs. Upon plaintiff Citibank’s motion for summary judgment, the defendants’ version of the facts must be accepted with respect to all points in dispute. (Cannon v Pfleider, 19 AD2d 625.) With this rule in view, the record will be examined to determine whether the existence of any factual issues precludes…