Neivel Realty Corp. v. Prudence Bonds Corp.

This case was tried upon an agreed statement of facts. The defendant contends that the court is precluded from considering the facts because, heretofore, plaintiff’s motion for summary judgment under rule 113 of the Rules of Civil Practice was denied by one of the justices of this court. It is urged that, upon the aforesaid motion, there was no disputed question of fact; that the denial of the motion established the law of the case and is an adjudication of the sufficiency of the defense, which, by the agreed statement of facts, is conceded to be true.

In order to succeed on a motion for…