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Washington Fillmore Iron Works Inc. v. Klemp

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 22, 1968
29 A.D.2d 836 (N.Y. App. Div. 1968)

Opinion

February 22, 1968

Appeal from the Erie Special Term.

Present — Bastow, J.P., Del Vecchio, Marsh, Witmer and Henry, JJ.


Order unanimously reversed, with costs and motion denied. Memorandum: In treating this motion to dismiss as a motion for summary judgment, as required by CPLR 3211 (subd. [c]) we conclude that the affidavit by defendant's attorney Pearlman, which provided the only basis for the court's determination as to what part of the obligations sued on had been discharged by the article XI arrangement and what obligation arose after the arrangement, is without probative value. It does not appear that the affiant had personal knowledge of the date when the obligations alleged to have been discharged were incurred. ( Fauci v. Milano, 15 A.D.2d 939, affd. 12 N.Y.2d 926; Cohen v. Pannia, 7 A.D.2d 886.)


Summaries of

Washington Fillmore Iron Works Inc. v. Klemp

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 22, 1968
29 A.D.2d 836 (N.Y. App. Div. 1968)
Case details for

Washington Fillmore Iron Works Inc. v. Klemp

Case Details

Full title:WASHINGTON FILLMORE IRON WORKS INC., Appellant, v. KLEMP CORPORATION…

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

Date published: Feb 22, 1968

Citations

29 A.D.2d 836 (N.Y. App. Div. 1968)