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Weather-All Fashions v. Ameritex, Division

Appellate Division of the Supreme Court of New York, First Department
Jul 12, 1977
58 A.D.2d 770 (N.Y. App. Div. 1977)

Opinion

July 12, 1977


Order, Supreme Court, New York County, entered February 1, 1977, denying defendants-respondents' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and without disbursements, and the motion granted, without prejudice to an application at Special Term for disclosure to aid in bringing an action (CPLR 3102, subd [c]). While plaintiff-respondent may be correct in the assertion that knowledge of essential facts is solely in defendants-appellants' possession, the complaint is bare of factual allegations, consisting entirely of unsupported conclusions. However, plaintiff, as is suggested, is not without remedy.

Concur — Birns, J.P., Evans, Capozzoli and Markewich, JJ.


Summaries of

Weather-All Fashions v. Ameritex, Division

Appellate Division of the Supreme Court of New York, First Department
Jul 12, 1977
58 A.D.2d 770 (N.Y. App. Div. 1977)
Case details for

Weather-All Fashions v. Ameritex, Division

Case Details

Full title:WEATHER-ALL FASHIONS, INC., Respondent, v. AMERITEX, DIVISION OF UNITED…

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

Date published: Jul 12, 1977

Citations

58 A.D.2d 770 (N.Y. App. Div. 1977)