DECKER v. WERBENEC


36 Misc.2d 220 (1962)

Grace Decker, Individually and as Guardian ad Litem of Erwin Decker, an Infant, Plaintiff, v. Aleksander Werbenec, Defendant.

Supreme Court, Special Term, Ulster County.

July 24, 1962


Attorney(s) appearing for the Case

Ewig & Beck for plaintiff. Schick & Klein for defendant.


LAWRENCE H. COOKE, J.

In this matter in which there are asserted two causes of action based upon an alleged assault and battery, plaintiff moves for summary judgment.

Summary judgment is now available to every party involved in any type of civil action without limitation except that in matrimonial actions only the party against whom matrimonial relief is sought may move for a summary disposition (Rules Civ. Prac., rule 113). On a motion for summary...

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