Dann v. Martin

Appeal from an order of the Supreme Court at Special Term, entered May 5, 1975 in Tioga County, which granted a motion by defendants for summary judgment dismissing the complaint. Our courts have been reluctant to grant summary judgment in negligence actions. Actions in negligence do not readily lend themselves to disposition under the summary judgment rule. (Hajder v G. & G. Moderns, 13 AD2d 651.) In this case, our hesitancy is reinforced by the inadequacy of the record before us. On the question of liability the motion was based entirely on an affidavit of the defendant, Joyce M. Martin.…