Federal Pacific Electric Co. v. Rao Electric Equipment Co.

This was not a proper motion on which to grant summary judgment under rule 113 of the Rules of Civil Practice, or to grant judgment on the merits. However, under the alternative relief requested by plaintiff in its notice of motion, Special Term could have granted the relief which this court now grants, the record indisputably establishing plaintiff’s right to such relief in the exercise of discretion and as a matter of law. Rule 113 searches the evidentiary facts in the ease to determine the existence or absence of an issue of fact. Hence, the requirement, generally, for a party’s affidavit,…