Appellate Division of the Supreme Court of New York, 1965

Farragut Gardens No. 5 Inc. v. Milrot

Farragut Gardens No. 5 Inc. v. Milrot
Appellate Division of the Supreme Court of New York · Decided May 24, 1965
23 A.D.2d 889; 260 N.Y.S.2d 597; 1965 N.Y. App. Div. LEXIS 4068
Farragut Gardens No. 5 Inc. v. Milrot

Opinion of the Court

In an action for rent, the plaintiff appeals from an order of the Supreme Court, Kings County, entered April 17, 1964, which denied its motion for summary judgment. Order reversed, without costs; plaintiff’s motion for summary judgment granted; and action remitted to the court below for the purpose of determining and assessing the damages and for the entry of an appropriate judgment in the plaintiff’s favor. The affidavit in opposition to the motion was made by defendant’s attorney, who has no personal knowledge of the facts. Such affidavit is insufficient to create an issue of fact. Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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