SARNEY v. OLENA


278 A.D. 957 (1951)

Sanford Sarney, Respondent, v. Harold G. Olena et al., as Executors of Florence E. Ayres, Deceased, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 11, 1951.


Order reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, with $10 costs.

Although the complaint was drawn as provided in section 255-a of the Civil Practice Act, defendants' answer was sufficient to raise triable issues with respect to plaintiff's employment and the value of his services. A trial of these issues may result in a determination that nothing is due plaintiff and in a judgment in favor of defendants. (Cf. Closson...

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