September 27, 2025

Summary judgment.

It is well settled that a court's role in deciding a motion for summary judgment is issue finding, not issue determination. Moreover, in deciding the motion, it is not the court's function to assess credibility. Here, the parties' conflicting versions of how the accident occurred preclude summary judgment.

Wachtel v. Alan Joel Communications, Inc., NY Slip Op 05053 (1st Dep't September 23, 2025)

Here is the decision.