HOGAN v. SPRINGER


24 A.D.2d 477 (1965)

John F. Hogan, Respondent, v. Ashton Springer et al., Appellants

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

June 14, 1965


Order reversed, without costs, and motion denied.

In support of his motion for summary judgment, plaintiff submitted an affidavit containing an "extract" of an alleged written statement in which the defendant Galm admitted driving his codefendant's truck with knowledge that the foot brake was inoperative. No copy of that statement was annexed to the affidavit or otherwise contained in the motion papers, nor was any attempt made to provide the court with an explanation...

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