Callanan Road Improvement Co. v. Town of Newburgh

Plaintiff moves for summary judgment or in the alternative for judgment on the pleadings.

On a motion for summary judgment it must be ascertained whether factual issues exist, for their existence precludes summary relief. The pleadings are amplified by affidavits or other proof. Defendants here proffered no affidavits and argued that on the face of the pleadings factual issues exist. In addition, they considered the action as one for an injunction in which the summary procedure of rule 113 of the Rules of Civil Practice does not apply. Fairly construed, the instant action is one for a…