PERRYMAN BURNS CO v. MANDELBAUM


40 Misc.2d 426 (1963)

Perryman Burns Coal Co., Inc., Plaintiff, v. Flora B. Mandelbaum et al., Defendants.

Supreme Court, Special Term, Kings County.

September 16, 1963


Attorney(s) appearing for the Case

Sol S. Perlow for plaintiff. Sidney Rebekoff for Flora B. Mandelbaum, defendant. Alexander G. Hesterberg for Public Administrator of Kings County, defendant.


LOUIS B. HELLER, J.

Prior to the effective date of the Civil Practice Law and Rules I rendered an opinion (N. Y. L. J., Aug. 23, 1963, p. 6, col. 5) that plaintiff was not entitled to summary judgment under rule 113 of the Rules of Civil Practice since certain issues existed which could not be resolved upon the motion. However, I expressed therein that as to other matters no issue existed since the facts were incontrovertible. The parties now after the...

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