Opinion
July 6, 1967
Order entered March 2, 1967, granting plaintiff's motion for summary judgment, unanimously reversed on the law, with $50 costs and disbursements to the appellant. The representations of plaintiff that his services were rendered at the suggestion and approval of the defendant, is denied by the defendant and disputed by his attorneys. Thus, there is an arguable issue sufficient to warrant denial of summary judgment. In addition, triable issues further exist as to whether the services rendered validly come under the heading of necessaries, for which the defendant husband may be held responsible. ( Kepecs v. Lobel, 23 A.D.2d 632.)
Concur — Steuer, J.P., Capozzoli, McNally, McGivern and Witmer, JJ.