Orbis Co. v. Rivera

Summary judgment was properly granted to the plaintiff for reasons stated by Justice Marbach in his decisions and orders of June 18, 1987, and May 7, 1987. We additionally note that the defendant Spiegel’s disclaimer of any business affiliation with the partnership doing business under the name "Chaz Travel” is belied by a credit card receipt submitted by Spiegel as proof that he was in Seoul, Korea, on the date the plaintiff’s cross motion for summary judgment was served and on *680the return date of the parties’ respective motions. The credit card receipt records the cardholders as the…