Galumbeck v. E. J. Korvette, Inc.

The following order is substituted for the order of August 21, 1967, in the above matter:

The motion is granted. The complaint is stricken and defendants are granted summary judgment.

In resisting a motion for summary judgment a plaintiff must, by affidavit, disclose evidentiary facts sufficient to enable the court to determine that there are questions of fact in regard to plaintiff’s cause of action which would require disposition after plenary trial and that defendant is not entitled to judgment as a matter of law. The facts asserted by a plaintiff in the moving papers must be such that, if…