Appellate Division of the Supreme Court of New York, 1962

Great Neck Water Authority v. Citizens Water Supply Co.

Great Neck Water Authority v. Citizens Water Supply Co.
Appellate Division of the Supreme Court of New York · Decided June 18, 1962
16 A.D.2d 969; 1962 N.Y. App. Div. LEXIS 9188
Great Neck Water Authority v. Citizens Water Supply Co.

Opinion of the Court

Motion by defendant-appellant for leave to appeal to the Court of Appeals granted. The following questions are certified: (1) Was defendant’s motion for summary judgment properly denied as a matter of law? (2) Was the order of the County Court appealable to the Appellate Division insofar as such order struck out for insufficiency the first, second and third affirmative defenses in the defendant’s answer? (3) Was the order of this court, dated May 21, 1962, properly made? Ughetta, Acting P. J., Kleinfeld, Christ, Rabin and Hopkins, JJ., concur.

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