Banasik v. Reed Prentice Division of Package Machinery Co.

Order entered October 14, 1969 reversed, on the law, with $50 costs and disbursements to the defendant-appellant and the defendant’s motion for summary judgment dismissing the complaint granted. A triable issue is not shown to exist by the circumstance that affidavits are conflicting. Nor may emancipation of a child be presumed from the fact that she attends school away from home or that she takes summer employment. What will be inferred by the court by reason of the failure of the plaintiff to meet her burden in opposing defendant’s motion for summary judgment is that there is in truth no…