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ANDERSON v. ANDERSON

30 Misc.2d 1034 (1961)

Concetta Anderson, Plaintiff, v. Henry R. Anderson, Defendant.

Municipal Court of the City of New York, Borough of Queens.

May 8, 1961

Attorney(s) appearing for the Case

Fields, Zimmerman, Klopper, Skodnick & Segall (Harold C. Fields of counsel), for defendant. Fink, Weinberger, Levin & Gottschalk (Samuel G. Fredman of counsel), for plaintiff.

ABRAHAM R. MARGULIES, J.

"The function of summary judgment is to deal with issues and get at the real substance of the facts, about which there is no controversy which a judge could take seriously." (Tripp, Guide to Motion Practice, p. 277.) This well-established rule was enunciated in County Transp. Co. v. Maltbie (191 Misc. 391). The motion is determined on all of the pleadings (Bobrose Developments...

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