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  5. 63 A.D.2d 1018 (1978)
 

TODD EQUIP. LEASING CO., INC. v. PIERCE TRADING CORP.

63 A.D.2d 1018 (1978)

Todd Equipment Leasing Company, Incorporated, Appellant, v. Pierce Trading Corp. et al., Respondents. (And a Third-Party Action.)

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

June 26, 1978

Order affirmed, with $50 costs and disbursements.

On this record, the Special Term properly denied the appellant's motion for summary judgment. Rules of evidence should be guardedly and cautiously applied on an application for summary judgment (Phillips v Kantor & Co., 31 N.Y.2d 307, 311-312). The doctrine of the law of the case, if it is involved here by virtue of an order...

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