TAUSIG & SON v. PROVIDENCE WASHINGTON INS.


28 A.D.2d 279 (1967)

Paul Tausig & Son, Inc., Respondent-Appellant, v. Providence Washington Insurance Co., Appellant-Respondent

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

November 28, 1967.


Attorney(s) appearing for the Case

John Schulman of counsel (David E. Schwab, II, and Herbert D. Trossman with him on the brief), for respondent-appellant.

Samuel Halpern of counsel (Konheim & Halpern, attorneys), for appellant-respondent.

BOTEIN, P. J., EAGER, TILZER and McGIVERN, JJ., concur.


RABIN, J.

The defendant in this action, on a fidelity bond, resists summary judgment. The basic ground for such resistance is that the facts are exclusively within the knowledge of plaintiff and, in such circumstances the courts do not grant summary judgment. (Franklin Nat. Bank of Long Is. v. De Giacomo, 20 A.D.2d 797.)

However, that is not to say that summary...

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