Marte v. Graber

OPINION OF THE COURT

Memorandum.

Ordered that the order, insofar as appealed from, is modified by providing that the branch of defendant’s cross motion seeking the dismissal of the complaint is denied; as so modified, the order, insofar as appealed from, is affirmed, without costs.

In this action to recover damages for “money had and received,” plaintiff moved, insofar as is relevant to this appeal, for summary judgment. Specifically, plaintiff sought to recover legal fees he had paid to defendant’s decedent, asserting that he had paid a sum of money to decedent as part of an agreement for legal…