DuLuc v. Resnick

—Order, Supreme Court, Bronx County (Anne Targum, J.), entered July 5, 1994, which, inter alia, granted third-party defendant Renate Gill’s cross-motion for summary judgment in her favor and dismissed the third-party action, unanimously reversed, on the law, the cross-motion denied, and the third-party action reinstated, without costs.

Summary judgment is a drastic remedy which should not be *211granted if there is a material and triable issue of fact presented (Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404). If there is any doubt as to the existence of such an issue, or if the issue…