1136 TENANTS' CORP. v. MAX ROTHENBERG & CO.


27 A.D.2d 830 (1967)

1136 Tenants' Corporation, Respondent, v. Max Rothenberg & Company, Appellant

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

March 21, 1967


Order, entered August 25, 1966, denying defendant's motion to dismiss the complaint (summary judgment), affirmed, with $50 costs and disbursements to plaintiff-respondent.

The record raises triable issues as to the scope and nature of defendant's engagement and as to the performance of its duties pursuant to such agreement. As the Special Term pointed out, each of the parties adduced evidence to support a markedly different version of the original oral retainer. The...

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