Arcadia Hosiery Co. v. Fine

Pursuant to rule 113 of the Buies of Civil Practice, summary judgment may be awarded when “ an answer is served.” This rule specifically provides for the statements by affidavit of the plaintiff or any other persons having knowledge of the facts verifying the cause of action. From a mere reading of this rale, we gather that this disposition of an action involves a judicial examination of the issues sought to be raised and also of the evidence submitted to the court. The affidavit upon the original motion for summary judgment here involved incorporates certain evidentiary matters which are put…