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Brooklyn Union Gas Co. v Johnson
2011 NY Slip Op 51722(U) [32 Misc 3d 144(A)]
Decided on September 16, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 16, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : IANNACCI, J.P., NICOLAI and MOLIA, JJ
2010-324 N C.

The Brooklyn Union Gas Company Doing Business as KEYSPAN ENERGY DELIVERY NEW YORK, Respondent,

against

Moses Z. Johnson, Appellant.


Appeal from an order of the District Court of Nassau County, First District (Fred J. Hirsh, J.), dated December 17, 2009. The order granted plaintiff's motion for summary judgment.


ORDERED that the order is reversed, without costs, and plaintiff's motion for summary judgment is denied.

Plaintiff, a gas utility company, commenced this action to recover $4,490.23 for utility services rendered to defendant at a property located in Brooklyn. The District Court granted plaintiff's motion for summary judgment, and defendant appeals.

Summary judgment is a drastic remedy which should be employed only where there is no doubt as to the absence of triable issues (Kolivas v Kirchoff, 14 AD3d 493 [2005]). Here, there are unresolved issues of fact, and plaintiff's motion for summary judgment should have been denied.

Accordingly, the District Court's order is reversed and plaintiff's motion for summary judgment is denied.

Iannacci, J.P., Nicolai and Molia, JJ., concur.
Decision Date: September 16, 2011