Bervy v. Bervy

Appeal from an order of the Supreme Court at Special Term, entered February 16, 1978 in Columbia County, which granted defendant’s motion to dismiss plaintiffs amended complaint. On the motion to dismiss the complaint, affidavits were submitted by the plaintiff in support of the complaint, but there were no affidavits by the defendant and no answer was interposed and the issues were not framed. In that respect, the motion differs from one for summary judgment where detailed affidavits by both litigants are before the court. In view of the present circumstances and accepting the allegations of…