MOSHER v. ROWLAND DISTRIBUTERS, INC.


15 A.D.2d 934 (1962)

Raymond Mosher et al., Appellants, v. Rowland Distributers, Inc., Respondent

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

March 12, 1962


Order and judgment reversed, with $10 costs and disbursements, and motion denied.

In our opinion, the record shows the existence of triable issues of fact. In any event, the material facts as to the total amount of the gross sales within the period or periods of time in question are clearly not within plaintiffs' personal knowledge and apparently are exclusively within defendant's knowledge. For that reason alone summary judgment should not have been granted (Moller...

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