INVESTORS SEC. CORP. v. LEWIS


12 Misc.2d 95 (1958)

Investors Security Corp., Respondent, v. Joscelyn C. Lewis et al., Appellants, et al., Defendant.

Supreme Court, Appellate Term, First Department.

May 22, 1958.


Attorney(s) appearing for the Case

Alexander E. Harris for appellants.

Lewis Steinfeld for respondent.

HOFSTADTER, J. P., HECHT, and TILZER, JJ., concur.


Per Curiam.

Since an affidavit once filed in the action may by reference be used on a subsequent motion (Berlin Realty Corp. v. Gorman, 153 Misc. 833), the Justice below should have considered the affidavits filed by the defendants on the prior motions. While the affidavits of merits are conclusory, not circumstantial, and therefore not adequate, nevertheless had they been considered by the Justice, he might have given leave to renew. In the interests...

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