258 A.D. 298 | N.Y. App. Div. | 1939
The defendant moved for summary judgment upon an affidavit executed by . one of its officers which affidavit complied with the applicable provisions of rule 113 of the Rules of Civil Practice. Defendant’s notice of motion required that the plaintiff serve his reply affidavits at least five days “ before the hearing.” The notice of motion was served at least ten days before the return date thereof as required by rule 64 of the Rules of Civil Practice.
All concur. Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.
Judgment affirmed, with costs.