PASS v. B.S.F. CO.


40 A.D.2d 813 (1972)

Margaret E. Pass, as Administratrix of The Estate of Sam W. Pass, Deceased, Respondent, v. B.S.F. Co., Appellant, et al., Defendants

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

November 28, 1972


Defendant upon a motion for summary judgment obtained an affidavit from Maurice Goodman. Upon the return of the motion defendant was confronted with another affidavit from the same affiant giving a different and quite contradictory version of the operative facts. Defendants promptly moved to depose the witness. We believe that these facts constitute special circumstances entitling the defendant...

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