Myer v. Jova Brick Works, Inc.

Appeal from an order of the Supreme Court at Special Term, entered April 15, 1971 in Sullivan County, which granted a motion by plaintiff for dismissal of the separate defense contained in paragraph “ Fourth ” of defendant’s answer and for summary judgment. Since the court below granted summary judgment to plaintiff, “ The issue confronting us is whether there are material issues of fact which exist (Stone v. Goodson, 8 N Y 2d 8, 12) or are fairly debatable (Falk v. Goodman, 7 N Y 2d 87, 91; Sillman v. Twentieth Century-Fox Film Corp., 3 N Y 2d 395, 404) so as to preclude the granting of…