Opinion
Argued June 6, 1967
Decided June 8, 1967
Action on a promissory note, brought to the Court of Common Pleas in Fairfield County at Stamford, where the court, Tierney, J., granted the plaintiff's motion for summary judgment on the complaint and rendered judgment for the plaintiff on the complaint, from which the defendant appealed. No error.
The appellant filed a motion for reargument which was denied.
Stephen N. Schaffer, with whom, on the brief, was Richard S. Weinstein, for the appellant (defendant).
J. Richard Fay, with whom, on the brief, was Kenneth Garfunkel, for the appellee (plaintiff).
The opposing affidavit of the defendant contained no recital of facts which would be admissible in evidence, nor was any documentary proof submitted to show that there was a genuine issue as to any material fact alleged in the complaint. Practice Book §§ 300, 303; Kasowitz v. Mutual Construction Co., 154 Conn. 607, 613, 228 A.2d 149; Rathkopf v. Pearson, 148 Conn. 260, 263, 170 A.2d 135.