(DOWNLOAD) "Josephine Cannon Et Al. v. Maximillian R. Pfleider Et Al." by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Josephine Cannon Et Al. v. Maximillian R. Pfleider Et Al.
- Author : Supreme Court of New York
- Release Date : January 10, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
For the purposes of determining whether a motion for summary judgment should be granted, the adversary's version of the facts must be accepted with respect to all points as to which there is a bona fide controversy of fact (Einzig v. Aulisio, 286 App. Div. 1127). The general rule is that an affidavit in opposition to a motion for summary judgment, made by an attorney who does not reveal personal knowledge of the facts, is without probative value (Fauci v. Milano, 15 A.D.2d 939, affd. 12 N.Y.2d 926). Therefore, for the purposes of this motion, the following should be accepted as facts: About 2:30 p.m. on February 23, 1959 the female plaintiff slipped and fell on the sidewalk in front of a one-family house in the Town of Poughkeepsie, which had been in the ownership of defendants since 1955. The sidewalk was not within the property lines of the premises, and at the time of the accident there was a small amount of snow on a smooth sheet of slippery ice extending about four or five feet
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