ENKER v. SLATTERY CONSTR. CO., INC.


34 A.D.2d 673 (1970)

Anne Enker, Appellant, v. Slattery Construction Co., Inc., et al., Respondents

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

April 20, 1970


Order affirmed, with $20 costs and disbursements.

We find that Special Term properly denied plaintiff's motion for the reasons stated in its decision. Moreover, we find that the partial summary judgment sought by plaintiff could not have been granted for the additional reason that CPLR 3212 (subd. [b]) provides: "The motion shall be denied if any party shall show facts sufficient to require a trial of any issue of fact other than an issue as to the amount or the extent...

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