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Clement v. Merker

Court of Appeals of the State of New York
Oct 18, 1946
70 N.E.2d 167 (N.Y. 1946)

Opinion

Argued October 2, 1946

Decided October 18, 1946

Appeal from the Supreme Court, Appellate Division, First Department, SHIENTAG, J.

Edward J. Grenier for appellant.

John J. Murphy for respondent.


Judgments reversed, without costs, and plaintiff's motion for summary judgment denied upon the ground that the record submitted by both parties reveals a controversy involving issues of fact which should be tried (Rules Civ. Prac., rule 113; Curry v. Mackenzie, 239 N.Y. 271, 272.) No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.


Summaries of

Clement v. Merker

Court of Appeals of the State of New York
Oct 18, 1946
70 N.E.2d 167 (N.Y. 1946)
Case details for

Clement v. Merker

Case Details

Full title:MARGUERITE CLEMENT, Respondent, v. ALBERT MERKER, Appellant

Court:Court of Appeals of the State of New York

Date published: Oct 18, 1946

Citations

70 N.E.2d 167 (N.Y. 1946)
70 N.E.2d 167