HOFF v. ST. PAUL-MERCURY INDEMNITY CO. OF ST. PAUL


9 F.Supp. 12 (1934)

HOFF v. ST. PAUL-MERCURY INDEMNITY CO. OF ST. PAUL.

District Court, S. D. New York.

September 13, 1934.


Attorney(s) appearing for the Case

N. Levan Haver, of Kingston, N. Y., for plaintiff.

Plaut & Davis, of New York City, for defendant.


HULBERT, District Judge.

Motion to strike out defendant's answer and grant summary judgment for relief demanded in the complaint.

The test has been well stated by Judge Cardozo in Curry v. Mackenzie, 239 N.Y. 267, at pages 269 and 270, 146 N. E. 375: "Civil practice rule 113 permits summary judgment at times in favor of a plaintiff, though material averments of his complaint have been traversed by the answer. To that end there must be supporting affidavits...

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