GALE v. CITY OF NEW YORK


18 A.D.2d 12 (1963)

Stuart Gale et al., Appellants, v. City of New York, Defendant, Alex Schnier et al., Respondents

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

February 28, 1963.


Attorney(s) appearing for the Case

Murray J. Richmond of counsel (Levine & Greenberg, attorneys), for appellants.

Robert V. Rafter of counsel (George J. Conway, attorney), for respondents.

RABIN, STEVENS and NOONAN, JJ., concur in Per Curiam opinion; VALENTE, J., dissents in opinion in which BREITEL, J. P., concurs.


Per Curiam.

This is an appeal from an order of the Supreme Court which denied plaintiffs' motion for summary judgment in a personal injury action. We think such denial was proper and the order should be affirmed.

At the outset, we observe that the opposing papers submitted by the defendant are of no probative value. They consisted of a hearsay affidavit of a lawyer and an unsworn statement of the defendant truck driver. Accordingly, we do not give them...

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