HOWARD OIL CO v. MORRIS


90 Misc.2d 713 (1977)

Howard Oil Company, Inc., Plaintiff, v. Clarence Morris et al., Defendants.

Civil Court of the City of New York, Queens County.

June 16, 1977


Attorney(s) appearing for the Case

Schwartz, Lorge & Schwartz, P. C., (Melvin Schwartz of counsel), for plaintiff. Clarence Morris and Oscar Morris, defendants pro se.


HERBERT A. POSNER, J.

There was a time when the successful practice of law meant being knowledgeable and capable of taking advantage of every available procedural device to secure a judgment even though the action was without merit. Fortunately, the prevailing view today is for "substance" over "form". The present day bible of procedural law, the CPLR, spells this philosophy out in the very beginning of the...

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