Schappert v. Hall

— Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: Since no appeal has been taken by plaintiff, the only question before us is whether Special Term properly denied defendant’s motion for summary judgment in this action to recover unpaid compensation for services rendered by plaintiff (People v Consolidated Edison Co. of N. Y, 34 NY2d 646, 648). The conflicting affidavits presented factual questions with respect to the terms of the employment agreement between the parties and as to whether the payments accepted by plaintiff without…