Legal Opinion
113-14 Owners Corp. v. Gertz
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 1986PublishedCited by 15 opinions
1Opinion of the Court
In an action to recover damages for fraud and breach of contract, the *851defendant Stanley Gertz appeals from an order of the Supreme Court, Queens County (Leahy, J.), dated December 17, 1985, which denied his motion for summary judgment.
Ordered that the order is reversed, on the law, with costs, the motion is granted and the complaint is dismissed as against the defendant Stanley Gertz.
Summary judgment is equivalent to a trial and is, therefore, a drastic remedy which should not be granted if there is any doubt as to the existence of any triable issue of fact (Sillman v Twentieth Century-Fox…
2Cases cited3 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by15 opinions
- Cohen v. Houseconnect Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Heaven v. McGowanAppellate Division of the Supreme Court of the State of New York · 2007
- Giurdanella v. GiurdanellaAppellate Division of the Supreme Court of the State of New York · 1996
- Gouldsbury v. Dan's Supreme Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Seaboard Surety Co. v. Nigro Bros.Appellate Division of the Supreme Court of the State of New York · 1995
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