Mosheyev v. Pilevsky
| Decision Date | 14 May 2001 |
| Citation | 283 A.D.2d 469,725 N.Y.S.2d 206 |
| Parties | RAFAIL MOSHEYEV, Respondent,<BR>v.<BR>ALLEN PILEVSKY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Santucci, J. P., S. Miller, Luciano, Feuerstein and Adams, JJ., concur.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
It is well settled that summary judgment is a drastic remedy that is to be granted only where there is no clear triable issue of fact (see, Andre v Pomeroy, 35 NY2d 361). In deciding the motion, the evidence must be viewed in the light most favorable to the opposing party (see, Matter of Benincasa v Garrubbo, 141 AD2d 636). Here, the Supreme Court erred in granting the plaintiff's motion, as the parties' competing contentions raise a question of fact as to how the accident occurred.
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Perl v. Meher
...summary judgment is a drastic remedy that is to be granted only where there is no clear triable issue of fact" ( Mosheyev v. Pilevsky, 283 A.D.2d 469, 469, 725 N.Y.S.2d 206;see Andre v. Pomeroy, 35 N.Y.2d 361, 364, 362 N.Y.S.2d 131, 320 N.E.2d 853). "Even the color of a triable issue forecl......
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...421 N.E.2d 109 [1981]; Perez v. New York City Hous. Auth., 212 A.D.2d 379, 622 N.Y.S.2d 35 [1st Dept. 1995]; Mosheyev v. Pilevsky, 283 A.D.2d 469, 725 N.Y.S.2d 206 [2d Dept. 2001] ).6 Because a defendant physician, in moving for summary judgment in a medical malpractice action, must assume ......
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... ... Holiday Inn Ronkonkoma, 6 A.D.3d 573 [2004]; Roth v ... Barreto, 289 A.D.2d 557 [2001]; Mosheyev v ... Pilevsky, 283 A.D.2d 469 [2001]). The failure of the ... moving party to make such a prima facie showing ... requires denial of the motion ... ...
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In re Probate Proceeding, Will of Sook Li
... ... , ... 68 N.Y.2d 320, 324 [1986]; Phillips v Joseph Kantor & ... Co. , 31 N.Y.2d 307, 311 [1972]; Mosheyev v ... Pilevsky , 283 A.D.2d 469 [2d Dept 2001]). The function ... of the court on a motion for summary judgment is not to ... ...
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