First Trust & Deposit Co. v. Dent

Order reversed, without costs of this appeal to either party, and motion denied, without costs. Memorandum: We think the affidavits read by the plaintiff on the motion to dismiss the complaint and for summary judgment raised a triable issue of fact on the question as to whether or not the defendant remained continuously absent from the State of New York for the space of one year or more. (Civ. Prae. Act, § 19.) The credibility of the affiants is for the jury. (Bernstein v. Kritzer, 224 App. Div. 387, 389; Airflow Taxi Corporation v. C. I. T. Corporation, 258 id. 857; Gravenhorst v. Zimmerman,…