GLUCKSMAN v. HALSEY DRUG CO.


145 Misc.2d 1064 (1989)

Stuart Glucksman, Plaintiff, v. Halsey Drug Co., Inc., et al., Defendants. Halsey Drug Co., Inc., Third-Party Plaintiff, v. Zenith Laboratories, Inc., Third-Party Defendant.

Supreme Court, New York County.

May 5, 1989


Attorney(s) appearing for the Case

Gair Gair & Conason (Candice Singer Ram of counsel), for plaintiff. James M. Leonard and Michael Garabedian for Halsey Drug Co., Inc., defendant and third-party plaintiff. Ayers & Thompson (Kenneth Grossman of counsel), for third-party defendant.


DAVID B. SAXE, J.

Motion for reargument is granted on the ground that the court overlooked a controlling principle of law. Upon reconsideration of the facts submitted in light of the principle that "On a motion for summary judgment * * * self-serving statements of an interested party which refer to matters exclusively within that party's knowledge create an issue of credibility which should not be decided by the court but should be left for the trier...

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