On the papers submitted on this motion for summary judgment the allegations of the complaint in this action on a promissory note are established beyond dispute and entitle plaintiff to judgment. The opposing affidavit made by defendant Bourne's attorney is not based on personal knowledge, but on hearsay, and must be disregarded (Waxman v. Williamson, 256 N.Y. 117; Cohen v. Pannia,
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PREISS v. BOURNE
24 Misc.2d 55 (1960)
William Preiss, Plaintiff, v. Alfred S. Bourne, Jr., et al., Defendants. Chase Manhattan Bank et al., as Trustees under Trust Indenture for the Benefit of Alfred S. Bourne, Jr., Defendants and Third-Party Plaintiffs, v. Severin Bourne, Third-Party Defendant.
Supreme Court, Special Term, New York County.https://leagle.com/images/logo.png
May 12, 1960.
May 12, 1960.
Attorney(s) appearing for the Case
Hill, Betts & Nash for plaintiff. Gaynor, Mosher, Freeman & Pisani for Alfred S. Bourne, Jr., defendant. Burke & Burke for Coleman Burke and another, defendants.
Supreme Court, Special Term, New York County.
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