Metropolitan Bank of Syracuse v. Hall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed, without costs. Memorandum: Special Term’s determination that no substantial issue of fact exists bearing upon defendants’ liability to plaintiff was in all respects proper, warranting the grant of summary judgment. As this court held in Koppers Co. v Empire Bituminous Prods. (35 AD2d 906, 907, affd 30 NY2d 609): "Although summary judgment may not be granted where the existence of a question of fact is in doubt or even arguable (Terranova v. Emil, 20 N Y 2d 493; Falk v. Goodman, 7 N Y 2d 87, 91), ' "A shadowy semblance of an issue is not enough to defeat the…
2Cases cited1 opinion
- Koppers Co., Inc. v. Empire Bituminous Prods., Inc.New York Court of Appeals · 1972
3Cited by3 opinions
- Anderson v. WROC-TVNew York Supreme Court · 1981
- Clifford v. Black Clawson Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Sullivan v. WelshAppellate Division of the Supreme Court of the State of New York · 1987