TRIMMER v. VAN BOMEL


51 A.D.2d 922 (1976)

Leonard W. Trimmer, Respondent, v. Catharine B. Van Bomel, Appellant

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

March 16, 1976


We do not pass upon the merits of plaintiff's claims or defendant's position with respect thereto at this time, except to the extent that we agree with Special Term that the present record contains issues of fact which cannot now be summarily resolved. Defendant's reliance on plaintiff's deposition in support of her motion is premature since that deposition has not yet been submitted to plaintiff for signature and, hence, is still subject to change. Moreover, plaintiff has...

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