Vacco v. Spitzer

OPINION OF THE COURT

Thomas W. Keegan, J.

This is a motion by the defendant Eliot Spitzer which seeks *585to dismiss the complaint in this declaratory judgment action for failure to state a cause of action.

This court, in an exercise of its discretion, and mindful of the need to expedite this matter, has given notice of its intention to treat Mr. Spitzer’s motion as one for summary judgment.

As the parties are aware, summary judgment is a drastic remedy. However, after reviewing the evidence if the court concludes that there are no issues of fact, and, therefore, nothing to try, summary judgment is…