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PARSKY FNRL. HOME v. SHAPIRO

83 Misc.2d 566 (1975)

Parsky Funeral Home, Inc., Plaintiff, v. Sanford Shapiro, Defendant.

City Court of Rochester.

March 24, 1975

Attorney(s) appearing for the Case

Gerald Manioci for plaintiff. Shapiro & Rosenbaum for defendant.

HAROLD L. GALLOWAY, J.

In this action to recover the agreed price for funeral services rendered, the defendant here moves pursuant to CPLR 3212, for an order of summary judgment dismissing the complaint.

In support of his motion the defendant contends that this action is based upon a contract which is illegal and therefore unenforceable. The alleged illegality consists of the plaintiff's failure to deliver...

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