Freund v. James McCullagh, Inc.

In an action to recover an installment of interest due on a bond, plaintiff’s motion to strike out the answer and for summary judgment was granted. Order granting plaintiff’s motion for summary judgment, and the judgment entered thereon, reversed on the law, without costs, and the motion denied, without costs, but without prejudice to renewal. The moving papers are defective and the defects were urged in the court below. The affidavit in support of the motion was made by plaintiff’s attorney, who fails to state that he has knowledge of the facts, and fails to state his belief that there is no…