Prospect Enterprises, Inc. v. People

This case is presented to this court in a context that differs from the motion previously decided by Mr. Justice Hughes. On that motion the defendants moved to dismiss the complaint for insufficiency, before service of their respective answers. The motion was denied and the answers served. Now, the defendants’ motion, although addressed squarely to the sufficiency of the complaint, is one for summary judgment and not only the answer but supporting affidavits for and against the motion have been filed and must be considered.

In essence, the papers show that the plaintiff owns 500 acres of land…