Dell'Osso v. Everett

This is a reconsideration of a motion for summary judgment.

The action is by plaintiff, as assignee, to recover the sum of $1,499.09, with interest, upon a written guaranty purported to have been executed by the defendant to plaintiff’s assignor guaranteeing the payment of three certain promissory notes.

The defendant does not urge that the denials of the material allegations of the complaint are sufficient, but maintains that the counterclaim demands a denial of this application.

Rule 113 of the Rules of Civil Practice, with reference to summary judgments, applies as well to counterclaims as to…