June, 1932.
Judgment reversed on the law, with costs, and motion denied on the ground that the moving papers are insufficient to comply with rule 113 of the Rules of Civil Practice in that they fail to set forth a belief on the part of the affiant making the statement on plaintiff's behalf that there was no defense as required by the rule. All concur.
Full title:FIRST TRUST AND DEPOSIT COMPANY, Respondent, v. HOLT THOMAS, INCORPORATED…
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: Jun 1, 1932
Memorandum: The moving affidavits contain no allegation to the effect that the plaintiff believes there is no…
Henderson v. Van WagnerFrom the context, it appears that the words "moving party" are used not in their technical legal sense of…