Investors Security Corp. v. Lewis

Appellate Terms of the Supreme Court of New York

Investors Security Corp. v. Lewis

12 Misc. 2d 95, 174 N.Y.S.2d 631, 1958 N.Y. Misc. LEXIS 3268

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 22, 1958

StatusPublished

This text of 12 Misc. 2d 95 (Investors Security Corp. v. Lewis) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Investors Security Corp. v. Lewis, 12 Misc. 2d 95, 174 N.Y.S.2d 631, 1958 N.Y. Misc. LEXIS 3268 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

Since an affidavit once filed in the action may by reference be used on a subsequent motion (Berlin Realty Corp. v. Gorman, 153 Misc. 833), the Justice below should have considered the affidavits filed by the defendants on the prior motions. While the affidavits of merits are eonelusory, not circumstantial, and therefore not adequate, nevertheless had they been considered by the Justice, he might have given leave to renew. In the interests of justice such leave is now given.

The order should be modified to grant appellants leave to renew on proper affidavits and as modified affirmed, without costs.

Hofstadter, J. P., Hecht, and Tilzer, JJ., concur.

Order modified, etc.

Free access — add to your briefcase to read the full text and ask questions with AI