Truscelli v. Fireman's Fund Insurance

In an action to recover under an insurance policy for the loss of his pleasure boat, the plaintiff appeals from an order of the Supreme Court, Richmond County (Leone, J.), dated October 16, 1986, which denied his motion for summary judgment in his favor and against the respondent.

Ordered that the order is affirmed, with costs.

Summary judgment is a drastic remedy which only should be granted when there is no doubt as to the existence of an arguable triable issue of fact (see, Andre v Pomeroy, 35 NY2d 361). At bar, the opposing papers of the respondent Fireman’s Fund Insurance Companies were…