Universal Credit Co. v. Uggla

Judgment and order reversed on the law, with costs, and motion denied, without costs. Memorandum: The moving affidavits contain no allegation to the effect that the plaintiff believes there is no defense to the action. While this may be thought to be a somewhat technical objection to the granting of the motion, such an allegation is a requisite prescribed by rule 113 of the Rules of Civil Practice. Its necessity is upheld in First Trust & Deposit Co. v. Holt & Thomas, Inc. (236 App. Div. 714). The remedy of summary judgment is a drastic one, and the requirements of the rule should be strictly…