Opinion
December 18, 1961
In an action to recover the reasonable value of accounting services performed by plaintiffs, the defendant appeals from an order of the Supreme Court, Nassau County, dated July 20, 1961, granting plaintiffs' motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice and directing an inquest for the assessment of damages. Order reversed, with $10 costs and disbursements, and motion denied. Questions of fact are presented which may not be decided summarily on a motion under rule 113 of the Rules of Civil Practice. Nolan, P.J., Beldock, Ughetta, Pette and Brennan, JJ., concur. [ 29 Misc.2d 509.]