Id. If there is evidence in the record, including affidavits, exhibits, interrogatory answers, and depo sitions, as to any material fact from which an inference could be drawn in favor of the non-movant, summary judgment is unavailable. See Lane v. New York State Electric & Gas Corp., 18 F.3d 172, 176 (2d Cir.1994). Notably, “the trial court’s task at the summary judgment motion state of litigation is carefully limited to discerning whether there are genuine issues of material fact to be tried, not to decide them. Its duty, in short, is confined at this point to issue-finding, it does not extend to issue resolution.” Gallo v. Prudential Residential Servs. Ltd., 22 F.3d 1219, 1224 (2d Cir.1994); see Donahue v. Windsor Locks Board of Fire Commissioners, 834 F.2d 54, 57 (2d Cir.1987) (<HOLDING>). B. CERCLA The Comprehensive Environmental
holding that when there are no genuine issues of material fact summary judgment is appropriate holding that on a motion for summary judgment the court cannot try issues of fact it can only determine whether there are issues to be tried holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves holding that under florida law a court hearing a case on a motion for a summary judgment can only consider those issues raised by the pleadings