FIELDS v. DELMONICO HOTEL CORP.


38 Misc.2d 704 (1963)

Bertram Fields, Plaintiff, v. Delmonico Hotel Corporation, Defendant.

Supreme Court, Special Term, New York County.

March 13, 1963


Attorney(s) appearing for the Case

Carb, Luria, Glassner & Cook (William M. Kufeld of counsel), for plaintiff. Goldstein, Judd & Gurfein (Saul A. Shames and Milton M. Rulnick of counsel), for defendant.


THOMAS C. CHIMERA, J.

Plaintiff moves for judgment on the pleadings. The action is brought for a declaratory judgment. Plaintiff alleges he is the owner of certain property subject to a first and to a second mortgage. The denial of knowledge or information sufficient to form a belief with respect to the complaint allegation of ownership is ineffective to raise a triable issue with respect to such record fact...

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