J & J Log & Lumber Corp. v. Hildebrand Machine Co.

56 A.D.2d 910, 392 N.Y.S.2d 696, 1977 N.Y. App. Div. LEXIS 11312

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.