FRIEDMAN v. GETTNER


6 A.D.2d 647 (1958)

William J. Friedman et al., Copartners Doing Business under the Name of Friedman, Zoline & Rosenfield, Respondents, v. Victor S. Gettner et al., as Executors of Adolph L. Simon, Deceased, Appellants

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

December 9, 1958.


Attorney(s) appearing for the Case

Bernard H. Goldstein of counsel (Edward L. Sadowsky with him on the brief; Gettner, Simon & Asher, attorneys), for appellants.

Bernard H. Greene of counsel (Bernard Finkelstein with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for respondents.

RABIN, J. P., M. M. FRANK, VALENTE and STEVENS, JJ., concur.


McNALLY, J.

This is an appeal from an order granting plaintiffs-respondents' motion to strike as insufficient the second defense. The action is one to recover the fair and reasonable value of legal services rendered by plaintiffs to the defendants' testator. The second defense alleges the said services were rendered to a joint venture composed of the testator and three named residents of the State of New York...

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