Richard Equipment Corp. v. Manhattan Industrial Contracting Co.

In an action to recover damages for injuries to property, the appeal is from an order denying a motion for summary judgment striking out the answer. Order reversed, with $10 costs and disbursements, motion granted, and matter remitted to the Special Term for further proceedings in accordance with the views expressed herein. In support of the motion it was shown by the affidavit of an apparently disinterested eyewitness, and by the deposition of respondent’s employee taken in an examination of respondent before trial that, in the interior of premises occupied by appellant, a heavy and large…