Legal Opinion · Dissent

Toriola v. Ha Dong Hyun

Appellate Terms of the Supreme Court of New York

Decided September 1, 2000Published

1DissentAronin, J.

Resolution of the case presented

upon appeal hinges upon the application of a number of well-settled legal principles. The majority has referred to law and cases related to motions made pursuant to Insurance Law § 5102. However, other principles of law have been overlooked in the process.

*592The function of the court upon a summary judgment motion is issue finding, not issue resolution (Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404; McKinney v Setteducatti, 183 AD2d 879; Krupp v Aetna Life & Cas. Co., 103 AD2d 252, 261), as summary judgment is a drastic remedy available only where…

2Cases cited16 opinions

Zuckerman v. City of New YorkNew York Court of Appeals · 1980
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
Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978

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