Emmco Ins. Co. v. Firemen's Ins. Co.

Full title: EMMCO INSURANCE COMPANY, Respondent, v. FIREMEN'S INSURANCE COMPANY OF…

Court: Supreme Court, Appellate Term, First Department

Date published: Mar 6, 1958

11 Misc. 2d 875 (N.Y. App. Term 1958)

172 N.Y.S.2d 598

Opinion

March 6, 1958

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOSEPH B. RAFFERTY, J.

David I. Rosenblum for appellant.

Herman B. Zipser for respondent.

Per Curiam.

The affidavits in support of the motion are inadequate in that the material facts are alleged on information and belief and no sources of information are set out.

The judgment and order should be reversed, with $10 costs, and motion for summary judgment denied.

HOFSTADTER, J.P., STEUER and AURELIO, JJ., concur.

Judgment and order reversed, etc.