Bhatti v. Roche
This text of 140 A.D.2d 660 (Bhatti v. Roche) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
"Summary judgment is a drastic remedy which should not be granted where there is any doubt about the existence of a triable issue of fact” (Sherman v Town of Rhinebeck, 133 AD2d 77, 78). The Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. There exist triable issues of fact as to whether the defendants represented that the real property in question could be subdivided and whether, in fact, the real property in question may be subdivided. Bracken, J. P., Kunzeman, Rubin and Spatt, JJ., concur.
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Cite This Page — Counsel Stack
140 A.D.2d 660, 528 N.Y.S.2d 1020, 1988 N.Y. App. Div. LEXIS 6125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bhatti-v-roche-nyappdiv-1988.