FED. NAT'L MORTGAGE ASS'N v. PALMER


53 A.D.2d 601 (1976)

Federal National Mortgage Association, Appellant-Respondent, v. John F. Palmer et al., Respondents-Appellants, et al., Defendant

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

June 1, 1976


Order affirmed, without costs or disbursements.

In our opinion there are triable issues of fact with respect to the counterclaim. Plaintiff's attorney asserted in his reply affidavit: "The affirmation in opposition is made by one who has no personal knowledge of the alleged wrongful acts. In essence, Mr. Van Cook is as much a stranger to the facts alleged, as is the plaintiff; neither one, being present at the time of the alleged occurrence." However, this applies...

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