New York Court of Appeals

New York Life Insurance Company, Appellant v. H. & J. Guttag Corporation, Respondents, Impleaded With Another

October 16, 1934265 N.Y. 292

Summary

The Court reversed the lower court's summary judgment order and remanded the case for a hearing on the disputed market value of the foreclosed property, holding that under section 1083‑a a substantial factual issue cannot be resolved on affidavits alone.