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MOSHEYEV v. PILEVSKY

283 A.D.2d 469 (2001)

725 N.Y.S.2d 206

RAFAIL MOSHEYEV, Respondent, v. ALLEN PILEVSKY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 14, 2001.

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 N.Y.2d 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...

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