Commercial Union Insurance v. Burt Thomas-Aitken Construction Co.

I would affirm the judgment of the Appellate Division substantially for the reasons set forth in its per curiam opinion. 91 N. J. Super. 13 (App. *397Div. 1966). We should not lose sight of the fact that summary judgment was entered in favor of the bank on the pleadings and a deposition of its assistant cashier-notary public. Appellate courts have always been reluctant to grant such motions unless it appears beyond doubt that no possible factual issue appears or may be made to appear if a fair and adequate record is allowed to be presented.

The Appellate Division held that a factual question…