PHELAN v. HOUGHTON


16 Misc.2d 227 (1959)

Eugene H. Phelan, an Infant, by His Guardian ad Litem Helen Phelan, et al., Plaintiffs, v. Paul Houghton et al., Defendants.

Supreme Court, Special Term, Queens County.

March 31, 1959.


Attorney(s) appearing for the Case

Mordecai Dancis for plaintiffs.

Baier, Chamberlin & Hartig for defendants.


HENRY J. LATHAM, J.

In this negligence action for personal injuries and loss of services, plaintiffs move for summary judgment pursuant to new rule 113 of the Rules of Civil Practice, effective March 1, 1959.

With an eye to the crowded calendar conditions in this State, the Appellate Division of the Supreme Court in the four departments extended the right to seek summary judgment to "any party" and ...

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