The opinion of the court was delivered by GAULKIN, J.A.D.
Defendant appeals by our leave from the denial of its motion for summary judgment.
The question presented is whether the pleadings, depositions and affidavits which were before the trial judge show "palpably that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a judgment * * * as a matter of law." R.R. 4:58-3. We think that they do, and that...
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