GOLDMAN v. LEEANN BUILDERS


197 Misc. 228 (1950)

Isadore Goldman et al., Plaintiffs, v. Leeann Builders Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

January 9, 1950.


Attorney(s) appearing for the Case

Jacob Wieder for plaintiffs.

Bernard R. Schulman for defendants.


F. E. JOHNSON, J.

Plaintiffs move for summary judgment on an unpaid balance of a demand note.

The great mass of decisions which, almost summarily, deny motions under rule 113 of the Rules of Civil Practice poses the question whether the purpose and value of the rule has not been minimized by a timid approach to the claimed question of fact, or without examining the realities of the alleged conflict of fact — which conflict was

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