De Salvo v. Howell Plaza, Inc.

Does the plaintiffs’ affidavit, which fails to aver that there is no defense to the action, comply with the requirements of the summary-judgment statute

The defendant in his brief and upon oral argument correctly points out that the plaintiffs’ affidavit failed to incorporate therein the statement required by sec. 270.-635 (2), Stats., “. . . that he believes that there is no defense to the action . . . .” We have previously held that the omission of that statement is fatal to a motion for summary judgment. Szuszka v. Milwaukee (1961), 15 Wis. 2d 241, 112 N. W. 2d 699. However, we pointed out…