J & J Log & Lumber Corp. v. Hildebrand Machine Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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.
2Cases cited1 opinion
- Overseas Reliance Tours & Travel Service, Inc. v. Sarne Co.Appellate Division of the Supreme Court of the State of New York · 1963
3Cited by2 opinions
- Santorio v. DiazAppellate Division of the Supreme Court of the State of New York · 1982
- Morehouse v. Volkswagen AktiengesellschaftAppellate Division of the Supreme Court of the State of New York · 1979