NAJEAN BUILDERS, INC. v. HARBOR BAY REALTY CO.


15 A.D.2d 580 (1961)

Najean Builders, Inc., Appellant, v. Harbor Bay Realty Co. et al., Respondents

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

December 29, 1961


Judgment, as amended by the order of February 17, 1961, affirmed, without costs.

In view of plaintiff's informal request for summary judgment on all three of its causes of action, we do not pass upon the propriety of whether a defendant may, under answers containing merely general denials, move for summary judgment in plaintiff's favor upon papers which, in effect, constitute a tender or offer to compromise the litigation...

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