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ALBERT G. RUBEN & CO., INC. v. FRITZEN

101 A.D.2d 795 (1984)

Albert G. Ruben & Company, Inc. (New York), Respondent, v. Harry W. Fritzen, Jr., et al., Defendants, and James W. Barber, Appellant

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

May 31, 1984

¶ This was a motion for partial summary judgment under CPLR 3212. Such a motion must be supported by an affidavit "by a person having knowledge of the facts" (CPLR 3212, subd [b]). This motion was not supported by an affidavit by a person having knowledge of the facts. The only papers submitted in support of the motion are by attorneys who do not have knowledge of the facts. ¶ Defendant requests us basically to treat...

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