J & J Log & Lumber Corp. v. Hildebrand Machine Co.
This text of 56 A.D.2d 910 (J & J Log & Lumber Corp. v. Hildebrand Machine Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In an action to recover damages for
breach of an express warranty in the construction of a kiln, plaintiff appeals from an order of the Supreme Court, Dutchess County, dated December 1, 1976, which denied its motion for summary judgment. Order affirmed, with $50 costs and disbursements. Where the facts are solely within the knowledge of the moving party, a motion for summary judgment must be denied (Overseas Reliance Tours & Travel Serv. v Same Co., 17 AD2d 578). Hargett, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.
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Cite This Page — Counsel Stack
56 A.D.2d 910, 392 N.Y.S.2d 696, 1977 N.Y. App. Div. LEXIS 11312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-j-log-lumber-corp-v-hildebrand-machine-co-nyappdiv-1977.