McGAULLEY v. TELLING, KELTING & POTTER


241 A.D.2d 669 (1997)

660 N.Y.S.2d 92

John H. McGaulley, Respondent, v. Telling, Kelting & Potter, P. C., Now Known as Telling & Besaw, P. C., et al., Appellants

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

July 10, 1997


Cardona, P. J.

In December 1994, plaintiff commenced this action against defendants seeking to collect payments allegedly due under a "professional services contract". Defendants responded with an answer containing four counterclaims, one alleging that, during his employment, plaintiff wrongfully billed for services not performed. After serving a reply to the counterclaims, plaintiff moved for summary judgment and to dismiss the counterclaims. Supreme...

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