New York Court of Appeals

Ellen Ledeber, as Trustees, Appellants v. Wise Shoe Company, Inc., Respondents

January 11, 1938276 N.Y. 459

Summary

The Court affirmed the lower court's grant of summary judgment to the defendants, holding that Rule 113's amended paragraph gives a defendant the right to summary judgment in any action, including an equity action to set aside a transfer, when the defense is sufficient as a matter of law and is founded on documentary evidence or official record.