Dougherty v. Kinard
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant Lydia Kinard appeals from an order of the Supreme Court, Kings County *522(Held, J.), entered December 15, 1993, which granted the plaintiffs cross motion for summary judgment and denied her motion for summary judgment.
Ordered that the order is affirmed, with costs.
It is axiomatic that issue finding, rather than issue determination, is the standard of reviewing the denial of a motion for summary judgment (see, Downing v Schreiber, 176 AD2d 781). Where there are no material and triable issues of fact, the motion for summary…
2Cases cited7 opinions
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- Shapiro v. Health Insurance Plan of Greater New YorkNew York Court of Appeals · 1959
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