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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Poyck v. Bryant, 13 Misc. 3d 699 (2006)

Citation
Poyck v. Bryant, 13 Misc. 3d 699 (2006)
Parent Document
Poyck v. Bryant, 13 Misc. 3d 699 (2006)
Jurisdiction
New York (state)
Effective Date
2006-08-24

Full Text

464 chars
“[T]he remedy of summary judgment is a drastic one, which should not be granted where there is any doubt as to the existence of a triable issue (Moskowitz v Garlock, 23 AD2d 943, 944) or where the issue is even arguable (Barrett v Jacobs, 255 NY 520, 522), since it serves to deprive a party of his day in court. Relief should be granted only where no genuine, triable issue of fact exists” (Broadway— 111th St. Assoc. v Morris, 160 AD2d 182, 185 [1st Dept 1990]).