Perryman Burns Coal Co. v. Mandelbaum

Prior to the effective date of the Civil Practice Law and Rules I rendered an opinion (N. T. L. J., Aug. 23, 1963, p. 6, col. 5) that plaintiff was not entitled to summary judgment under rule 113 of the Rules of Civil Practice since certain issues existed which could not be resolved upon the motion. However, I expressed therein that as to other matters no issue existed since the facts were incontrovertible. The parties now after the effective date of the Civil Practice Law and Rules submit proposed orders based upon the opinion. The defendant’s proposed order provides merely for a denial of…