Turover v. Stern Morgenthau & Co. , 128 N.Y.S.2d 546 ( 1954 )

Order unanimously modified so as to grant plaintiff’s motion for summary judgment except as to contract Ro. 80233. We find no triable issue of fact in this case except as to whether the parties entered into contract Ro. 80233; except as to this document, plaintiff is entitled to summary judgment and an assessment of damages. The order is modified accordingly and otherwise affirmed. Settle order on notice. Present — Peck, P. J., Callahan, Breitel, Bastow and Botein, JJ. [See post, p. 943.]