270 A.D. 847 | N.Y. App. Div. | 1946
Order denying plaintiff’s motion to strike out respondent’s answer and for summary judgment under rule 113 of the Rules of Civil Practice reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, with $10 costs. The record discloses no issue of fact which requires a trial. There is no evidentiary showing that defendant