Legal Opinion · Dissent
Cohen v. Vecchio
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 1993Published
1Dissent
Balletta, J.,
dissents, and votes to reverse the order appealed from and to deny the defendants’ motion for summary judgment. I respectfully disagree with my colleagues in the majority. It is well settled that summary judgment is a drastic remedy which will only be granted where there are no material and triable issues of fact (see, Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404). Issue finding, as opposed to issue determination, is the key to summary judgment (Krupp v Aetna Life & Cas. Co., 103 AD2d 252, 261), and the papers should be scrutinized carefully in a light most…
2Cases cited7 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Krupp v. Aetna Life & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Stevens v. Town of HuntingtonNew York Court of Appeals · 1967
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