BRODY v. SAVE WAY NO. BLVD.


37 Misc.2d 240 (1962)

David H. Brody, Plaintiff, v. Save Way Northern Boulevard, Inc., et al., Defendants.

Supreme Court, Special Term, Queens County.

November 7, 1962


Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn for Save Way Northern Boulevard, Inc., defendant. Bernard R. Selkowe for plaintiff.


NICHOLAS M. PETTE, J.

Defendant, Save Way Northern Boulevard, Inc., moves for an order pursuant to rule 113 of the Rules of Civil Practice, granting said defendant summary judgment dismissing the complaint herein, upon the ground that there is no dispute as to the material facts, and that as a matter of law plaintiff's complaint should be dismissed.

The sole real issue herein is whether a violation of...

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