Graymount v. Schlemmer

— Orders and judgments unanimously affirmed, with costs and disbursements to the respondents. The plaintiff upon motion made by the defendant, Else F. Schlemmer, for summary judgment under rule 113 of the Rules of Civil Practice, did not disclose evidentiary facts in his answering affidavits sufficient to entitle him to a trial of the issues. The motion of the defendant, Berdon, to dismiss the second cause of action was properly granted. This cause may not stand alone without the support of the allegations of the first cause. It having been found that the first cause presents no triable issue…