Summary judgment is a drastic remedy.

Summary judgment is a drastic remedy that should be granted only if no triable issues of fact exist and the movant is entitled to judgment as a matter of law. Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 [1986]; Andre v. Pomeroy, 35 N.Y.2d 361, 364 [1974]. The party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence in admissible form demonstrating the absence of material issues of fact. Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]; CPLR 3212[b].

Next post
Previous post