Opinion
May 23, 1960
In an action to recover for work, labor and services performed by plaintiff at the instance and request of defendant, the latter appeals from an order of the County Court, Westchester County, dated June 12, 1959, denying its motion for summary judgment, striking out the complaint. Order affirmed, with $10 costs and disbursements. In our opinion, the papers present issues which must be determined at a trial. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.