MARINE MIDLAND TRUST CO. OF NORTHERN NEW YORK v. MACALUSO


30 A.D.2d 932 (1968)

Marine Midland Trust Company of Northern New York, Successor to Northern New York Trust Company, Respondent, v. Carmen J. Macaluso, as Administrator C. T. A. of The Estate of Joseph S. Chalk, Deceased, Appellant

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

September 19, 1968


Judgment and order unanimously reversed on the law and facts, with costs, and motion denied, without costs.

Memorandum:

Summary judgment should not have been granted because the facts upon which the motion was predicated are not within the knowledge of the defendant but are exclusively within the knowledge of the plaintiff. "Summary judgment is not justified where there are likely to be defenses that depend upon knowledge in the possession of the party moving...

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