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SAXTON PRODUCTS v. A. K. ELECTRIC CORP. (07/01/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1968.NY.42408 <http://www.versuslaw.com>; 293 N.Y.S.2d 505; 30 A.D.2d 816 July 1, 1968 SAXTON PRODUCTS, INC., RESPONDENT,v.A. K. ELECTRIC CORP., APPELLANT Beldock, P. J., Christ, Rabin, Munder and Martuscello, JJ., concur.


Beldock, P. J., Christ, Rabin, Munder and Martuscello, JJ., concur.

In our opinion, the inadequacy of the affidavits, to which both parties contributed, adds little of any explanatory significance to the pleadings, which present triable issues not to be summarily disposed of without a plenary trial.

Disposition

Order of the Supreme Court, Rockland County, entered January 12, 1968, and judgment entered thereon January 16, 1968, reversed, on the law and the facts, without costs, and plaintiff's motion for summary judgment denied.

19680701

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