summary-judgment

QUESTION PRESENTED “An abuse of discretion is a plain error, discretion exercised to an end not justified by the evidence, a judgment that is clearly against the logic and effect of the facts as are found.” Rabkin v. 1. Whether the lower court erred in granting summary judgment by failing to view the evidence in the light most favorable to the nonmoving party and resolve all ambiguities in favor of the plaintiff, as required by Davis-Garrett v. Urban Outfitters, Inc., 921 F.3d 30 (2d Cir. 2019). 2. Whether summary judgment is appropriate when the plaintiff presents evidence challenging the credibility of the defendants' testimony, potentially creating genuine issues of material fact that should be resolved by a trier of fact.