Jordan v. Levy

We have an example here of a gross misunderstanding of the summary judgment procedure which has now resulted in a delay of many months in disposing of this litigation on the merits. The action was brought to recover for personal injuries as a result of an assault upon plaintiff by defendant-respondent’s employee in respondent’s restaurant. The action was brought on for trial in March, 1960, but, thereupon, a mistrial was declared during plaintiff’s testimony. Upwards of seven months thereafter, and upon the cause being restored to the Day Calendar for trial, this motion for summary judgment…