White v. Merchants Despatch Transportation Co.

Order so far as appealed from reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Memorandum: In this appeal from so much of an order as denies defendants’ motion for summary judgment we learn from the opinion of the Special Term (not reported) that the denial was based on the theory that the motion did not lie under rule 113 of the Rules of Civil Practice for the reason that this action is not one of the eight kinds of actions listed in the rule. But it is now settled that, regardless of the form of action, the defendant may have summary…