KATSORIS v. DURHAM HOUSE, INC.


278 A.D. 608 (1951)

Michael Katsoris, Respondent, v. Durham House, Inc., et al., Defendants, and Frances Levine et al., as Administrators of The Estate of Isidore Levine, Deceased, Appellants

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

January 10, 1951.


The plaintiff presented upon the motion complete documentary evidence which clearly entitled him to judgment unless a defense were established by evidentiary matter. The answering affidavits are replete with hearsay, conclusions and unsupported charges. No evidentiary matter was produced which was sufficient to defeat the action. Upon the papers before it, the County Court properly decided the motion.

Order and judgment unanimously affirmed...

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