Preiss v. Bourne

On the papers submitted on this motion for summary judgment the allegations of the complaint in this action on a promissory note are established beyond dispute and entitle plaintiff to judgment. The opposing affidavit made by defendant Bourne’s attorney is not based on personal knowledge, but on hearsay, and must be disregarded (Waxman v. Williamson, 256 N. Y. 117; Cohen v. Pannia, 7 A D 2d 886).

The position urged by the trustees is specious. The trustees by a prior order of this court dated December 11, 1959, on their application were permitted as stakeholders, pursuant to subdivision 2 of…