NOSSITER v. NOSSITER


283 A.D. 1022 (1954)

Murry P. Nossiter, Appellant, v. Bernard D. Nossiter, Individually and as Successor Trustee, Respondent, et al., Defendants

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

June 8, 1954.


Order appealed from affirmed.

BREITEL, J. (dissenting).

Despite the number of documents and affidavits in this case there is not presented any triable issue of fact and the motion for partial summary judgment on the complaint and for dismissal of the counterclaim should have been granted.

The motion turns on a detailed and lawyer-drawn written agreement. The construction of one of its paragraphs is disputed, and its effect sought to be...

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