HAYDUK v. MAHONEY MOTOR SALES, INC.


18 A.D.2d 703 (1962)

Robert G. Hayduk, Respondent, v. Mahoney Motor Sales, Inc., Appellant

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

December 24, 1962


Judgment reversed, with $10 costs and disbursements; order, insofar as it relates to the first cause of action, vacated; and plaintiff's motion for summary judgment with respect to such cause of action denied.

In our opinion, since the reports by the Police Department, by the firm of brake mechanics, and by the manufacturer of the automobile were unsworn, they should not have been considered in support of the motion (Weber v. Richter, 269 App. Div. 961, motion...

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