PAC Construction Co. v. New York Factors, Inc.

MARSH, District Judge.

To the complaint filed in the above entitled action the defendant made a motion to dismiss for failure to state a claim upon which relief can be granted, Rule 12(b) (6), Fed.R.Civ.P., 28 U.S.C. A.; and a motion for summary judgment, Rule 56(b), Fed.R.Civ.P. Pursuant to leave granted at the hearing, the parties subsequently filed a stipulation, and A. C. Moyer, a partner plaintiff, filed an affidavit in support of the complaint. It is the opinion of the coui't that the motions should be denied.

“ ‘On a motion for summary judgment, the pleadings of the opposing party must…