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JORDAN v. LEVY

16 A.D.2d 64 (1962)

Henry Jordan, Appellant, v. Lester Levy, Individually and Doing Business as Teddy's Shanty, Respondent, et al., Defendant

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

March 6, 1962.

Attorney(s) appearing for the Case

Thomas J. O'Neill of counsel (O'Neill, Higgins & Latto, attorneys), for appellant.

Copal Mintz of counsel (Garbarini & Kroll, attorneys), for respondent.

BOTEIN, P. J., RABIN, VALENTE, EAGER and BERGAN, JJ., concur.

Per Curiam.

We have an example here of a gross misunderstanding of the summary judgment procedure which has now resulted in a delay of many months in disposing of this litigation on the merits. The action was brought to recover for personal injuries as a result of an assault upon plaintiff by defendant-respondent's employee in respondent's restaurant. The action was brought on for trial in March, 1960, but, thereupon...

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