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Smolenack v. Hess

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1948
274 App. Div. 907 (N.Y. App. Div. 1948)

Opinion

October 25, 1948.


In an action to recover the balance due on a promissory note executed and delivered by defendant in part payment for a trailer, plaintiff's motion for summary judgment was denied. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion for summary judgment granted, with $10 costs. No affidavits by affiants having personal knowledge were interposed by defendant. The affidavit of the attorney, having no personal knowledge and reciting hearsay, is of no effect. ( Favole v. Gallo, 263 App. Div. 729, affd. 289 N.Y. 696. ) Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.


Summaries of

Smolenack v. Hess

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1948
274 App. Div. 907 (N.Y. App. Div. 1948)
Case details for

Smolenack v. Hess

Case Details

Full title:HARRY SMOLENACK, Doing Business as ROUTE 17 MOTOR TRUCK SERVICE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 25, 1948

Citations

274 App. Div. 907 (N.Y. App. Div. 1948)

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