JOAN BRITON, INC. v. STREUBER


36 A.D.2d 464 (1971)

Joan Briton, Inc., Respondent, v. Robert O. J. Streuber, Defendant, and Vera deRham, Appellant

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

May 18, 1971.


Attorney(s) appearing for the Case

Irving Ronald Storch of counsel (Herman N. Schwartz, attorney), for appellant.

Morris Gutt of counsel (David Jaffe with him on the brief; Weisman, Cellar, Allan, Spett & Sheinberg, attorneys), for respondent.

STEVENS, P. J., CAPOZZOLI and NUNEZ, JJ., concur; STEUER, J., dissents in an opinion.


KUPFERMAN, J.

Starting in 1960, plaintiff, an interior decorator and seller of antiques and objects of art, worked on an apartment at 960 Park Avenue. The apartment belonged to the defendant Vera deRham, but payment for the work done and to be done, was the responsibility of her friend, the codefendant on the first three causes of action, Robert O. J. Streuber. There is no doubt that he was making a gift to Vera...

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