FEYH v. BRANDTJEN & KLUGE, INC.


283 A.D. 807 (1954)

Anthony T. Feyh, Individually and Doing Business as Wyckoff Press, Respondent-Appellant, v. Brandtjen & Kluge, Inc., Appellant-Respondent

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

March 15, 1954.


Order affirmed, without costs.

An action for reformation is not one of the actions enumerated in subdivisions 1 to 9 of rule 113 of the Rules of Civil Practice, in which a plaintiff may move for summary judgment. Defendant is not entitled to summary judgment because it has failed to establish prima facie the defenses by "documentary evidence or official record", as required...

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