Defendant, in opposing plaintiffs' motion for poor person relief, requested, by way of affidavit, summary judgment. This practice was impermissible. No notice of cross motion was served, and if the affidavit be deemed a notice (which it could not be) timely notice was not given. In addition, a factual issue as to the date of the alleged conversion was disclosed. This issue was vital, as the purported notice was based on the Statute of Limitations. The contention that the...
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