Pitcher v. Cugini

OPINION OF THE COURT

Bernard Fuchs, J.

Defendant moves to reargue or resubmit in opposition to plaintiff’s motion for summary judgment which was granted by an order filed August 22, 1977.

In support of the present motion defendant submits her affidavit alleging that the court "overlooked the important fact that [she] never authorized or initialed” any modification of the bond on which the action was brought. Her counsel’s reply affidavit, also in support of this motion, claims that "defendant did in fact submit an affidavit in opposition”.

Neither statement is correct. The court did not overlook…