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ERLWEIN v. VON GERICHTEN

7 A.D.2d 650 (1958)

Joseph W. Erlwein, Respondent-Appellant, v. Edward Von Gerichten, Appellant-Respondent, et al., Defendants

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

November 24, 1958

Order modified by striking therefrom the first and second ordering paragraphs and by striking from the third ordering paragraph the word "other". As so modified, order affirmed, with $10 costs and disbursements to respondent-appellant.

In our opinion summary judgment is not a remedy available in this type of action, which does not fall into any of the stated classifications wherein such motion may be made (Rules Civ. Prac...

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