Arndt v. Leff

Plaintiffs’ complaint is based upon an oral agreement, seeking recovery of a sum allegedly due for work, labor, and services, and materials furnished. Defendants move for summary judgment under rule 113 of the Rules of Civil Practice, basing said motion upon the fact that plaintiffs are barred by subdivision 1 of section 33-c of the Personal Property Law and by section 282 of the Real Property Law, by reason of a written contract, which had been entered into between the parties, calling for the completion of a house. In addition to their general denial, defendants counterclaim for $2,000,…