Phillips v. Joseph Kantor & Co.

Order, Supreme Court, New York County entered December 1, 1971, granting summary judgment to defendants Joseph Kantor & Company and Marilyn Kasper and Herbert Kantor, as executors of the estate of Joseph Kantor, deceased, and the judgment entered thereon on December 6, 1971, affirmed, without costs and without disbursements. We find nothing in Bourgeois v. Celentano (10 A D 2d 824) to support a rule that summary judgment must be denied even where, as here, the only evidence to support the claim against the moving defendants would be incompetent by virtue of CPLR 4519. Nor do we consider such…