VERY v. TUCCI


19 A.D.2d 787 (1963)

Alexander Very, Respondent, v. Paul Tucci, Appellant

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

September 26, 1963


Order, entered on June 27, 1962, unanimously reversed on the law and the motion to strike the first affirmative defense as sham denied, without costs.

It appears that there is an issue as to whether the bills received by plaintiff were authorized by defendant doctor or were sent out without his approval as a matter of hospital routine. If the latter, coupled with the absence of any payment, there would be a serious issue as to whether the services were performed ...

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