Smits v. Republic Chemical Corp.

The papers submitted disclose the existence of an issue of fact as to whether or not a Dutch attorney was retained by the defendant to represent it in an action brought in a Holland court. This issue alone is sufficient to defeat the application for summary judgment made by plaintiff in the court below.

The judgment and order should be reversed, with $10 costs to appellant, and motion denied.

Concur — Hofstadter, J. P., Hecht and Aurelio, JJ.

Judgment and order reversed, etc.