Order affirmed, with $10 costs and disbursements.
Memorandum:
A motion by plaintiff for summary judgment may not be granted unless the action comes within one of the first eight subdivisions of rule 113 of the Rules of Civil Practice, and only in such equitable actions as fall within subdivisions six, seven, and eight thereof (Lederer v. Wise Shoe Co., 276 N.Y. 459, 463; Donnelly v. National City Bank of New York, 276 App. Div. 1096; Tripp, Guide...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.