Legal Opinion
Pirrelli v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1996PublishedCited by 18 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered on February 1, 1995, which granted defendants’ motion for summary judgment and dismissed the complaint, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.
"To grant summary judgment it must clearly appear that no material and triable issue of fact is presented * * * This drastic remedy should not be granted where there is any doubt as to the existence of such issues, * * * or where the issue is 'arguable’ * * *; 'issue-finding, rather than issue-determination, is the key to the…
2Cases cited3 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Batiancela v. Staten Island MallAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by18 opinions
- Rose v. Da Ecib USAAppellate Division of the Supreme Court of the State of New York · 1999
- Giuffrida v. Metro North Commuter RailroadAppellate Division of the Supreme Court of the State of New York · 2001
- Jacques v. Richal Enterprises Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Murphy v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1996
- Folkl v. McCarey Landscaping, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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