Supreme Court, Appellate Division, Fourth Department, New York.
Joseph E. RYAN and Eileen Ryan, Individually and as Husband and Wife,Respondents,v.The CITY OF BUFFALO, Defendant,RCR Yachts, Inc., Sentrex Security Systems, Inc., Appellants.
November 16, 1990
Kirschenbaum & Kirschenbaum, P.C. by Thomas Hoey, Garden City, for appellant, Sentrex Security Systems, Inc. Woods, Oviatt, Gilman, Sturman & Clarke by Marie Ducie, Rochester, for appellant RCR Yachts, Inc. Diebold, Birmingham, Gorman, Cook & Ginsberg, P.C. by Irwin Ginsberg, Buffalo, for respondents, Joseph E. Ryan and Eileen Ryan. Maloney, Gallup, Roach, Brown & McCarthy, P.C. Buffalo, for respondent, City of Buffalo.
Order unanimously affirmed with costs. Memorandum: Defendants appeal from the denial of their motions for summary *934 judgment. A review of the record discloses that the sufficiency of plaintiff's 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, 484 N.Y.S.2d 243). (Appeals from Order of Supreme Court, Erie County, Flaherty, J.--Summary Judgment.)
DILLON, P.J., and DOERR, PINE, LAWTON and DAVIS, JJ., concur.
563 N.Y.S.2d 700 (Mem), 167 A.D.2d 933
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