Appellate Terms of the Supreme Court of New York, 1939

Tetelman v. Fulton

Appellate Terms of the Supreme Court of New York · Decided January 13, 1939

170 Misc. 206; 9 N.Y.S.2d 930

Counsel

Montgomery, Peabody, Grace & Derby [Davies, Auerbach & Cornell and Kenneth W. Greenawalt of counsel], for the appellants., Harry C. Cohen, for the respondents.

Opinion of the Court

Per Curiam.

The agreement of January 30, 1932, in reference to the payment of legal services contemplated only the payment of legal services in connection with the future management of the property and did not inure to the benefit of the plaintiffs. Under the circumstances the trial court was in error in granting judgment in favor of the plaintiffs.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur. Present — Hammer, Frankentbaler and Noonan, JJ.

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