Harub v. Chandris Lines, Inc.

Order, Supreme Court, Bronx County, entered April 21, 1975, denying defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. Scrutiny of the record discloses that the issue of ownership and control of the vessel Amerikanis aboard which plaintiff was injured must await a plenary hearing. It is well recognized that on motions for summary judgment " 'issue-finding rather than issue-determination, is the key to the procedure’ ” (Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395 , 404, citing Esteve v ABAD, 271 App Div 725 , 727). Although there is proof in this record to support defendant’s position of lack of ownership and control, there also exists proof on plaintiff’s part to support a contrary conclusion. Concur—Kupferman, J. P., Murphy, Lupiano, Tilzer and Capozzoli, JJ.