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PHILLIPS v. JOSEPH KANTOR & CO.

39 A.D.2d 521 (1972)

Nathan Phillips, Appellant, v. Joseph Kantor & Company et al., Respondents, et al., Defendant

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

April 11, 1972

Order affirmed, without costs and without disbursements.

We find nothing in Bourgeois v. Celentano (10 A.D.2d 824) to support a rule that summary judgment must be denied even where, as here, the only evidence to support the claim against the moving defendants would be incompetent by virtue of CPLR 4519. Nor do we consider such relief to be precluded by the possibility, perhaps through some inadvertence, of a waiver...

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