ALLERTON, BERMAN & DEAN, INC. v. DON LOUIS OF SPAIN, INC.


39 A.D.2d 892 (1972)

Allerton, Berman & Dean, Inc., Respondent, v. Don Louis of Spain, Inc., Appellant

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

June 27, 1972


Unanimously modified, on the law, to the extent of severing so much of plaintiff's causes of action as seeks recovery for monthly service fees, aggregating $6,000 and reversing that portion of said order which directs the aforesaid hearing; and otherwise affirmed.

Appellant shall recover of respondent $50 costs and disbursements of this appeal. Except with respect to the monthly service fees, we find sufficient triable issues raised to warrant denial of summary relief...

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