Order, entered on July 9, 1963, denying plaintiff's motion for summary judgment, unanimously modified, on the law, the facts and in the exercise of discretion, and plaintiff's motion granted to the extent of dismissing the defendant's "third defense and first counterclaim", and, as so modified, the order is affirmed, without costs.
Triable issues of fact exist which require a denial of plaintiff's motion for summary judgment except as to the "third defense and first...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
