Appellate Division of the Supreme Court of New York, 1953

Baxter v. Institutional Shares, Ltd.

Baxter v. Institutional Shares, Ltd.
Appellate Division of the Supreme Court of New York · Decided March 16, 1953
281 A.D. 892; 119 N.Y.S.2d 625; 1953 N.Y. App. Div. LEXIS 3696
Baxter v. Institutional Shares, Ltd.

Opinion of the Court

In an action to recover the reasonable value o£ personal services allegedly rendered to the defendants at their request, defendants appeal from an order denying their motion for summary judgment dismissing the complaint, pursuant to rule 113 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. In our opinion, the appellants’ moving papers, which include an examination of the respondent before trial, establish on their face that triable issues exist. Nolan, P. J., Carswell, Adel, Me Crate and Beldoek, JJ., concur.

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