Appellate Division of the Supreme Court of New York, 1990

Ryan v. City of Buffalo

Ryan v. City of Buffalo
Appellate Division of the Supreme Court of New York · Decided November 16, 1990
167 A.D.2d 933; 563 N.Y.S.2d 700; 1990 N.Y. App. Div. LEXIS 14509
Ryan v. City of Buffalo

Opinion of the Court

Order unanimously affirmed with costs. Memorandum: Defendants appeal from the denial of their motions for summary *934judgment. 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 AD2d 845). (Appeals from order of Supreme Court, Erie County, Flaherty, J.— summary judgment.) Present—Dillon, P. J., Doerr, Pine, Law-ton and Davis, JJ.

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