HOGAN v. CIANCIMINO


12 A.D.2d 501 (1960)

Robert Hogan, an Infant, by Margaret Hogan, His Guardian ad Litem, et al., Respondents, v. Salvatore J. Ciancimino, as Administrator of The Estate of Henry Beyers, Deceased, Appellant

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

November 14, 1960


Order reversed, with $10 costs and disbursements, and motion denied.

In our opinion the record presents triable issues of fact which should not have been decided on motion. Moreover, in view of the absence of personal knowledge on the part of defendant administrator, he is entitled to defend the action upon a plenary trial of the issues. (De France v. Oestrike, 8 A.D.2d 735, and cases...

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