DE FONCE CONSTR. CO. v. COMPLETE MACH. & EQUIP. CO.


35 Misc.2d 394 (1962)

De Fonce Construction Company, Inc., Appellant, v. Complete Machinery & Equipment Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

February 15, 1962


Attorney(s) appearing for the Case

Raphael, Searles & Vischi (Thomas J. Burns of counsel), for appellant. Grossman & Grossman (Louis Grossman and Herman Cahn of counsel), for respondent.

Concur — HECHT, J. P., GOLD and CAPOZZOLI, JJ.


Per Curiam.

In order for a court conclusively to decide whether instant items of claim were fully determined and adjudicated in a prior litigation, it is necessary that the party, moving for summary judgment on such ground, marshal all available evidence and proof bearing upon such issue (Rudd v. Cornell, 171 N.Y. 114, 127-129). The moving defendant herein submitted on the motion neither the pleadings, the...

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