Judgment appealed from and the order granting summary judgment in action for declaratory judgment reversed on the law, and the motion denied, without costs to either party.
The motion must be denied only because the action comes within the purview of subdivision 4 of rule 113 of the Rules of Civil Practice, and the defense is not made out by documentary evidence.
Let's get started
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.
