Old Capitol Equipment, Inc. v. Pushman

24 A.D.2d 691 Court N.Y. App. Div. Decision date 1965-07-13 English

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p. 691

Old Capitol Equipment, Inc., Respondent, v. William Pushman et al., Individually and Doing Business as Temple Hill Garage, Appellants.

We agree with Special Term that defendants’ claim that plaintiff is not the real party in interest raises no triable issue and that the defense pleaded is insufficient to defeat the motion for summary judgment. Judgment and order affirmed, with costs. Gibson, P. J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur.