Lugo v. LJN Toys, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
Under the venerable and oft-reiterated standard by which a motion for summary judgment must be determined, the court’s function is one of issue finding rather than issue determination, and if there is any doubt as to the existence of factual issues, this "drastic remedy” should not be granted. (Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404.) Bearing these principles in mind, we have examined the record before us and conclude that the circumstances presented do raise material issues of fact, and that this matter must accordingly await resolution at…
Also in this document: Dissent.
2Cases cited30 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Andre v. PomeroyNew York Court of Appeals · 1974
25 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bukowski v. CooperVision Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Bazerman v. Gardall Safe Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- DiMura v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1997
- Lamuraglia v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Harper v. United StatesDistrict Court, E.D. New York · 1996
16 more not listed; retrieve them via the Exa API.