Dolch v. Commercial Insurance

Memorandum : Order entered on August 1, 1961 denying defendant’s motion for summary judgment, affirmed, with $20 costs and disbursements to the respondents. Plaintiffs, on February 27, 1959, recovered a judgment after inquest against the owner of a dwelling in an action for personal injuries which is unsatisfied. This action is against the owner’s insurer on a liability policy covering the premises. Defendant’s motion for summary judgment is grounded on an affidavit by an associate of defendant’s attorney, largely hearsay, which includes the following: “ On June 12, 1957 the personal injury…