Thorpe Electric Supply, Inc. v. Shannon

In this action to recover $11,063.24 allegedly owed to plaintiff by defendant for goods sold to defendant, we find that Special Term correctly denied plaintiff’s motion for summary judgment. As both parties have noted, summary judgment is a drastic remedy which should be granted only when there is no doubt as to the absence of a triable issue of fact (Phillips v Kantor & Co., 31 NY2d 307, 311; Alfano v First Natl. Bank, 111 AD2d 960, 962). While a question certainly has been raised as to defendant’s credibility, arising from certain statements made in his affidavit, we are nevertheless…