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REX BILOTTA CORP. v. HAMZA

22 A.D.2d 757 (1964)

Rex Bilotta Corp., Appellant, v. Abraham Hamza, Respondent

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

October 29, 1964

Order unanimously reversed, with costs, and matter remitted to trial court for assessment of damages in accordance with the Memorandum.

Memorandum:

The Special Term Justice denied summary judgment at least partly on the ground that illegal consideration was a valid defense. However, the question of illegality of consideration was not sufficiently raised in the defense affidavits. The affidavits were those of the attorney...

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