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Ryan v. City of Buffalo

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 933 (N.Y. App. Div. 1990)

Opinion

November 16, 1990

Appeal from the Supreme Court, Erie County, Flaherty, J.

Present — Dillon, P.J., Doerr, Pine, Lawton and Davis, JJ.


Order unanimously affirmed with costs. Memorandum: Defendants appeal from the denial of their motions for summary judgment. A review of the record discloses that the sufficiency of plaintiffs' proof should be determined at trial. Summary judgment should be denied if there is any doubt as to the existence of a triable issue, or if there is even arguably such an issue (see, Hourigan v. McGarry, 106 A.D.2d 845).


Summaries of

Ryan v. City of Buffalo

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 933 (N.Y. App. Div. 1990)
Case details for

Ryan v. City of Buffalo

Case Details

Full title:JOSEPH E. RYAN et al., Respondents, v. CITY OF BUFFALO, Defendant, and RCR…

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

Date published: Nov 16, 1990

Citations

167 A.D.2d 933 (N.Y. App. Div. 1990)