Fradera v. 124 Realty Co.

Full title: JOSE FRADERA, an Infant, by His Mother and Natural Guardian, AURA FRADERA…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 10, 1995

220 A.D.2d 258 (N.Y. App. Div. 1995)

632 N.Y.S.2d 464

Opinion

October 10, 1995

Appeal from the Supreme Court, New York County (Joan Lobis, J.).

We agree with the IAS Court that material issues of fact exist with respect to whether any negligence on the part of defendant-appellant was a proximate cause of the infant plaintiff's injury. Summary judgment is a drastic remedy and should not be granted where the opposing party is able to "show facts sufficient to require a trial of any issue of fact" (CPLR 3212 [b]; Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065, 1067).

Concur — Ellerin, J.P., Wallach, Ross, Asch and Mazzarelli, JJ.