Hathaway v. Eastman

I respectfully dissent, based upon our most well-established procedural rules. “It is well settled that the drastic remedy of summary judgment should not be granted where there is any doubt as to the existence of triable issues [,] and issue-finding, rather than issue-determination, is the key” (Benizzi v Bank of the Hudson, 50 AD3d 1372, 1373 [2008] [internal quotation marks, brackets and citations omitted]). Moreover, upon review, we are required to “view the evidence in the light most favorable to the party opposing the motion, giving that party the benefit of every reasonable inference…