GROZALSKY v. SCHWARTZ


27 A.D.2d 668 (1967)

Ben Grozalsky et al., Appellants, v. Shirley Schwartz, Respondent

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

January 30, 1967


Affirmed, with one bill of $10 costs and disbursements. (Century Dev. Co. v. Halbrecht, 279 App. Div. 752; Radel v. 134 West 25th St. Bldg. Corp., 222 App. Div. 617, app. dsmd. 249 N.Y. 615; Salsone v. Sanzone, 212 N.Y.S.2d 492; Wind v. Healy, 147 N.Y.S.2d 562.)

Benjamin, J., dissenting.

As this was a motion for summary judgment, it must of course be denied if either the complaint or the affidavits raise an issue for...

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