Legal Opinion

Dryvit Systems, Inc. v. Feldspar Corp., 93-108 (1995)

Superior Court of Rhode Island

Decided January 19, 1995No. C.A. 93-108Published

1Opinion of the Court

DECISION

This matter is before the court on defendant Law Engineer's ("LE") motion for summary judgment and motion to strike affidavits pursuant to R.C.P. 56.

Summary Judgment Standard

Summary judgment is a drastic remedy that should be cautiously applied. McPhillips v. Zayre Corp., 582 A.2d 747, 749 (R.I. 1990); Rustigian v. Celona, 478 A.2d 187, 189 (R.I. 1984). Summary judgment should be issued when there exists no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Alfano v. Landers,585 A.2d 651, 652 (R.I. 1991). In passing on a motion for summary…

2Cases cited40 opinions

  1. Milissa Garside v. Osco Drug, Inc.Court of Appeals for the First Circuit · 1990
  2. Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
  3. Kennedy v. Allied Mutual Insurance Co.Court of Appeals for the Ninth Circuit · 1991
  4. Kennett-Murray Corporation v. John E. BoneCourt of Appeals for the Fifth Circuit · 1980
  5. H. Rosenblum, Inc. v. AdlerSupreme Court of New Jersey · 1983

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