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LOUIS GOLDEN ET AL. v. WICKHARDT COMPANY (10/30/69)

October 30, 1969

LOUIS GOLDEN ET AL., APPELLANTS,
v.
WICKHARDT COMPANY, INC., RESPONDENT, ET AL., DEFENDANTS



Appeal from order of Onondaga Special Term granting motion for summary judgment in action for damages for trespass.

Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.

Memorandum: Plaintiffs should be given an opportunity through disclosure to obtain facts essential to support their opposition to the motion for summary judgment. (CPLR 3212, subd. [f]; cf. Potter Real Estate Co. v. O & S Bearing & Mfg. Co., 32 A.D.2d 883.)

Disposition

Order unanimously reversed, without costs and motion denied.

19691030

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