Austin v. Metropolitan Life Insurance Co.

Murphy, Justice.

This is an appeal from a summary judgment for defendant. Both parties moved for summary judgment upon the pleadings, depositions, and an affidavit of one of the attorneys. It is the contention of plaintiff that the court erred in determining that there was no genuine issue as to any material fact and that defendant was entitled to judgment as a matter of law within the purview of Rule 56, Rules of Civil Procedure.

It appears from the record that plaintiff, Ema Austin, age 63, was employed by Stirneman-Selover Realty Company, a building-management firm, to clean floors and…