Opinion
March 1, 1971
Order, Supreme Court, New York County, entered on October 29, 1970, denying partial summary judgment to defendant-appellant, unanimously affirmed, without costs and without disbursements. Whatever the merits of the application, this case does not lend itself to summary judgment. "The relief afforded by summary judgment [in certain cases, this being one] is * * * illusory. No time or effort of either the court or the litigants is spared by resort to it." ( Youssoupoff v. Columbia Broadcasting System, 19 A.D.2d 865, 866; see, also, Schwartz v. New England Mut. Life Ins. Co. of Boston, 20 A.D.2d 688; Harold Ohringer, Inc. v. Kass, 28 A.D.2d 1117, 1118; Rediscount Corp. of Amer. v. Duke, 34 A.D.2d 898, 899.)
Concur — Markewich, J.P., Nunez, Kupferman, Steuer and Tilzer, JJ.