New York Court of Claims January 27, 2003, Claim No. 97942 (Arias v. State)

OPINION OF THE COURT

Stephen J. Mignano, J.

At the outset, the court is well aware that summary judg*65ment is a drastic remedy to be granted sparingly and only where no material issues of fact are demonstrated in the papers related to the motion (see, Crowley’s Milk Co. v Klein, 24 AD2d 920 [3d Dept 1965]; Wanger v Zeh, 45 Misc 2d 93, affd 26 AD2d 729 [3d Dept 1966]).