Legal Opinion

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

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 1977PublishedCited by 2 opinions

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

  1. 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

  1. Santorio v. DiazAppellate Division of the Supreme Court of the State of New York · 1982
  2. Morehouse v. Volkswagen AktiengesellschaftAppellate Division of the Supreme Court of the State of New York · 1979