Fishbein v. Hirschberg

The statement of the case set forth in the report was as follows: “This is an action of contract in which the plaintiff seeks to recover from the defendant for professional services allegedly rendered under an oral *198agreement made in 1965 between the plaintiff and the defendant. The plaintiff’s declaration and the defendant’s answer, containing a general denial and a declaration in set-off (alleging negligence on the part of the plaintiff) were filed in December, 1968.

No further action on the case was taken until April, 1972, when the plaintiff, Fishbein, filed a motion to remove default and…