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ROZAY v. HEGEMAN STEEL PRODS.

37 Misc.2d 10 (1962)

Paul M. Rozay, Plaintiff, v. Hegeman Steel Products, Inc., Defendant.

Supreme Court, Special Term, New York County.

September 10, 1962

Attorney(s) appearing for the Case

Schiffer & Geller (Carl E. Schiffer of counsel), for plaintiff. Julius Zizmor for defendant.

MATTHEW M. LEVY, J.

This is not a motion for summary judgment (Rules Civ. Prac., rule 113), as stated in plaintiff's answering affidavit — which, on the present motion, must be ignored (Harris v. Averick, 24 Misc.2d 1039, 1041; Spring v. Moncrieff, 208 Misc. 671, 678). It is a motion by the defendant, pursuant to subdivision 4 of rule 106 of the Rules of Civil...

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