Cascone v. Herb Kay Co.

The question presented here is whether, considering the materials before the trial court, inclusive of the pleadings, interrogatories, depositions and affidavits, the trial court was justified in granting the appellee’s motion for summary judgment. For the following reasons, we hold that the appellee! s motion for summary judgment here should not have been granted.

Civ. R. 56(C) provides that summary judgment shall be rendered if the “pleading, depositions * * * [and] affidavits * * * show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment…