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LABRUZZO v. STATE WIDE INS. CO.

77 Misc.2d 455 (1974)

John F. Labruzzo, Plaintiff, v. State Wide Insurance Company, Defendant.

Supreme Court, Special Term, Queens County.

January 23, 1974

Attorney(s) appearing for the Case

Gordich, Montalbano, Cohen & De Lucia (Paul J. Montalbano of counsel), for defendant. Arthur M. Greenspan for plaintiff.

LOUIS WALLACH, J.

Defendant moves to reargue the decision of this court of November 1, 1973 which granted plaintiff's motion for summary judgment. The basis of that decision was that defendant's opposing affidavit was by an attorney who did not have personal knowledge of the facts and therefore the affidavit was of no probative value and had to be disregarded. (See Di Sabato v. Soffes,

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