County Transportation Co. v. Maltbie

Upon taking up the merits of defendants’ motion for summary judgment based on the record before them, some aspects of the case fall into clearer perspective than seemed possible when the broad question alone was considered whether summary judgment is a remedy appropriate to this kind of action.

I have held that the remedy is within the practice and appropriate to the action; but as I reach into the merits and examine more closely the factual and procedural problems, I conclude that this motion in this action should be denied as a matter of discretion. Two main reasons, somewhat interrelated,…