Boulevard Del, Inc. v. Stillman

OPINION

FOLEY, Judge.

This is an appeal from an order vacating a summary judgment in favor of plaintiff, after payment and satisfaction of the judgment. We reverse.

Facts

Plaintiff-appellant, Boulevard Del commenced an action against defendant-respondent, Stillman to recover $25,000 under a lease guarantee in January of 1983. Subsequently, Boulevard Del filed a motion for summary judgment. Between the commencement of the action and a hearing on the motion, defendant Stillman did not take depositions, nor obtain opposing affidavits, nor conduct any other discovery.

The only ‘evidence’ submitted to…