Order made on reargument, insofar as appealed from, reversed, with $10 costs and disbursements, and motion for summary judgment denied in toto.
The principal issue raised by the pleadings and the affidavits on the motion was whether defendant had discharged the plaintiff before he completed the rendition of his legal services. If the defendant did, then plaintiff was entitled to recover not on the express contract alleged by him but only on the basis of
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