CALLANAN CO. v. TOWN OF NEWBURGH


6 Misc.2d 1071 (1957)

Callanan Road Improvement Company, Plaintiff, v. Town of Newburgh et al., Defendants.

Supreme Court, Special Term, Ulster County.

April 6, 1957.


Attorney(s) appearing for the Case

Harry R. Hayes for plaintiff.

John H. Flanagan for defendants.


ROSCOE V. ELSWORTH, J.

Plaintiff moves for summary judgment or in the alternative for judgment on the pleadings.

On a motion for summary judgment it must be ascertained whether factual issues exist, for their existence precludes summary relief. The pleadings are amplified by affidavits or other proof. Defendants here proffered no affidavits and argued that on the face of the pleadings factual issues exist. In addition, they considered the action...

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