GORDON v. NEW YORK INST. OF OPTICS, INC.


277 A.D. 1100 (1950)

Irving Gordon, Respondent, v. New York Institute of Optics, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1950.


Per Curiam.

In our opinion defendants' motion for summary judgment under rule 113 of the Rules of Civil Practice should have been granted as the uncontested documentary evidence annexed to the affidavits shows that plaintiff cannot establish a cause of action for rescission and the return to plaintiff of the shares of the capital stock in question.

The documentary evidence was not annexed to the complaint and accordingly defendants' motion for judgment...

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