Myers v. Kamalian

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Orange County (Sherwood, J.), dated August 7, 1995, which denied his motion for partial summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

It is well settled that in order to grant summary judgment, it must clearly appear that no material issue of fact has been presented. Issue finding rather than issue determination is the key. Since summary judgment is the procedural equivalent of a trial, any doubt as to the existence of a triable issue,…