Savoy Record Co. v. Cardinal Export Corp.
Savoy Record Co. v. Cardinal Export Corp.
18 A.D.2d 1070; 239 N.Y.S.2d 1022; 1963 N.Y. App. Div. LEXIS 3883
Opinion of the Court
Order entered on December 24, 1962, denying a motion by defendant Cardinal Export Corp. to dismiss the complaint as against it, unanimously affirmed, with $20 costs and disbursements to the respondent. The motion was made under rule 106 of the Rules of Civil Practice and since affidavits as to the necessary facts, available only under subdivision 7 of rule 107 were not supplied, the court may not determine the issue tendered on the merits. Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.