Young v. New York State Electric & Gas Corp.

Order affirmed, with $20 costs and disbursements. Memorandum: The sufficiency of the complaint, as an action sounding in fraud, was determined by a previous appeal herein {ante, p. 794, *1075affg. 184 Misc. 1013). As against such a complaint a motion by defendant for summary judgment under rule 113 of the Rules of Civil Practice based on documentary evidence consisting of the petition of the administratrix for leave to compromise the claim, the order of the Surrogate, and the release executed, does not lie. Plaintiff does not dispute the verity of the documents but on the contrary assumes the…