Gnozzo v. Marine Trust Co.
Appellate Division of the Supreme Court of the State of New York
1Per curiam
The defendant moved for summary judgment upon an affidavit executed by . one of its officers which affidavit complied with the applicable provisions of rule 113 of the Rules of Civil Practice. Defendant’s notice of motion required that the plaintiff serve his reply affidavits at least five days “ before the hearing.” The notice of motion was served at least ten days before the return date thereof as required by rule 64 of the Rules of Civil Practice. *299No reply affidavits were served by the plaintiff. After the argument of the motion, the plaintiff attempted to serve a reply affidavit which the…
2Cases cited6 opinions
- Curry v. MacKenzieNew York Court of Appeals · 1925
- Knowles v. . City of New YorkNew York Court of Appeals · 1903
- Assets Realization Co. v. . HowardNew York Court of Appeals · 1914
- Chas. S. Wood & Co. v. AlvordAppellate Division of the Supreme Court of the State of New York · 1931
- Charles S. Wood Company, Inc. v. Alvord SwiftNew York Court of Appeals · 1932
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