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Hastings v. C.B. Richard, Ellis Co.

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1971
36 A.D.2d 695 (N.Y. App. Div. 1971)

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.


Summaries of

Hastings v. C.B. Richard, Ellis Co.

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1971
36 A.D.2d 695 (N.Y. App. Div. 1971)
Case details for

Hastings v. C.B. Richard, Ellis Co.

Case Details

Full title:JOHN B. HASTINGS, Respondent, v. C.B. RICHARD, ELLIS CO., Appellant

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

Date published: Mar 1, 1971

Citations

36 A.D.2d 695 (N.Y. App. Div. 1971)

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