Opinion
November 15, 1955.
Defendants deny that plaintiffs were retained to render the services forming the basis of this action or that they in fact rendered such services. They also assert that plaintiffs were fully paid for such services as were rendered and deny that they agreed to the alleged account stated. Therefore, triable issues are raised which must await trial. Judgment and order unanimously reversed, with costs to the appellants, the motion for summary judgment denied and the judgment vacated. Settle order on notice.
Concur — Peck, P.J., Botein, Rabin, Cox and Bergan, JJ.