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ALLEY v. WALZ KRENZER, INC

Appellate Division of the Supreme Court of New York, Fourth Department
May 4, 1949
275 App. Div. 888 (N.Y. App. Div. 1949)

Opinion

May 4, 1949.

Present — Taylor, P.J., McCurn, Love, Vaughan and Piper, JJ.


Judgment and order reversed on the law, with costs, and motion for summary judgment denied, with costs. Memorandum: A sum due for attorneys' services may properly be the subject of an account stated. ( Rodkinson v. Haecker, 248 N.Y. 480.) However, the omission to object to an account rendered raises only a rebuttable inference that the debtor consents to such account. ( Lockwood v. Thorne, 18 N.Y. 285.) A question of fact on this issue exists in this case. Also, the facts set forth in the opposing affidavit of the secretary-treasurer of the defendant corporation raise a triable issue of fact as to the terms of plaintiffs' employment. For these reasons, plaintiffs' motion for summary judgment should have been denied. All concur. (The judgment is for plaintiffs in an action to recover fees for legal services. The order struck out defendant's answer and directed summary judgment.)


Summaries of

ALLEY v. WALZ KRENZER, INC

Appellate Division of the Supreme Court of New York, Fourth Department
May 4, 1949
275 App. Div. 888 (N.Y. App. Div. 1949)
Case details for

ALLEY v. WALZ KRENZER, INC

Case Details

Full title:RAYFORD W. ALLEY et al., Copartners Doing Business as ALLEY, COLE, GRIMES…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 4, 1949

Citations

275 App. Div. 888 (N.Y. App. Div. 1949)

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