1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 8 A.D.2d
  5. 8 A.D.2d 735 (1959)
 

DE FRANCE v. OESTRIKE

8 A.D.2d 735 (1959)

Frank De France, Respondent, v. Richard W. Oestrike, Doing Business as Rock Ledge Market, Appellant, et al., Defendant

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

May 18, 1959

Order insofar as appealed from reversed, with $10 costs and disbursements, and motion denied.

A motion for summary judgment should not be granted "If the facts upon which the motion is predicated are exclusively within the knowledge of the moving party or clearly not within the knowledge of the opponent" (Tripp, A Guide to Motion Practice, § 95, subd. 6, p. 280; Suslensky v. Metropolitan Life Ins. Co., 180 Misc...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases