Legal Opinion
St. Paul Industrial Park, Inc. v. New York State Urban Development Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 19, 1978PublishedCited by 5 opinions
1Opinion of the Court
Order and judgment unanimously reversed, without costs, and motion denied. Memorandum: Summary judgment is a drastic remedy and before it is granted "it must clearly appear that no material and triable issue of fact is presented * * * 'issue-finding, rather than issue-determination, is the key to [a motion for summary judgment]’.” (Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404.) "Since it deprives the litigant of his day in court it is considered a drastic remedy which should only be employed when there is no doubt as to the absence of triable issues (Millerton Agway Coop. v.…
2Cases cited9 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Andre v. PomeroyNew York Court of Appeals · 1974
- Glick & Dolleck, Inc. v. Tri-Pac Export Corp.New York Court of Appeals · 1968
- Millerton Agway Cooperative, Inc. v. Briarcliff Farms, Inc.New York Court of Appeals · 1966
- Abbott v. DraperNew York Supreme Court · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fox v. CongelAppellate Division of the Supreme Court of the State of New York · 1980
- Caliendo v. SutherlandAppellate Division of the Supreme Court of the State of New York · 1983
- Samaritan Hospital v. McManus, Longe, Brockwehl, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Williams v. FeigAppellate Division of the Supreme Court of the State of New York · 2006
- Skelly v. Carma Realty Ltd.Appellate Division of the Supreme Court of the State of New York · 1980