Dorival v. DePass
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for negligent misrepresentation, the defendants Savi Gangadeen and MTS Funding, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Sampson, J.), dated October 26, 2009, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.
*730Ordered that the order is affirmed insofar as appealed from, with costs.
Summary judgment is a drastic remedy that is to be granted only where there is no clear triable issue of fact (see Andre v Pomeroy, 35 NY2d 361, 364 [1974];…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Andre v. PomeroyNew York Court of Appeals · 1974
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- Dykeman v. HehtAppellate Division of the Supreme Court of the State of New York · 2008
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