Mosca v. J. H. Parker-Aeolus, Inc.

No affidavit is submitted in opposition to the application for judgment under rule 113 of the Rules of Civil Practice. Defendant contends that the court has no power to give summary judgment, because the pleadings in the case are unverified. That is the only objection raised by the defendant.

This court has heretofore refused to grant motions for summary judgment under rule 113 where the pleadings were not verified. It always felt, however, that in view of section 78 of the Municipal Court Code, which reads: “Pleadings in actions may be oral or written, verified or unverified, * * * ” the…