EXXON CORP. v. STRUM


68 A.D.2d 806 (1979)

Exxon Corporation, as Successor by Merger to Humble Oil & Refining Company, Appellant, v. Milton Strum et al., Defendants, and Irwin Gottlieb, Respondent

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

March 1, 1979


Any such answer is to be served within 20 days of service upon defendant of a copy of the order entered hereon with notice of entry. There is here involved an issue of credibility which we are not able to determine on the papers submitted on this motion for summary judgment. Nonetheless, defendant's presentation is sufficient to warrant the grant of leave to amend to allege the defense of release, the defense which defeated plaintiff's motion. (See Cushman & Wakefield...

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