EINZIG v. AULISIO


286 A.D. 1127 (1955)

Phoebe Einzig, Appellant, v. Antonia Aulisio, Respondent and Third-Party Plaintiff-Respondent. William Zang, Third-Party Defendant-Respondent

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

November 16, 1955.


Under the elementary rule, for the purpose of determining whether a motion by a plaintiff for summary judgment should be granted, the defendant's version of the facts must be accepted with respect to all points as to which there is a bona fide controversy of fact. The version of the facts given in the affidavits submitted by the original defendant and by the third-party defendant is as follows: The Kingston Poultry Company, Inc., a corporation of which the third-party defendant...

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