Friedman v. Gettner

This is an appeal from an order granting plaintiff s-respondents ’ motion to strike as insufficient the second defense. The action is one to recover the fair and reasonable value of legal services rendered by plaintiffs to the defendants’ testator. The second defense alleges the said services were rendered to a joint venture composed of the testator and three named residents of the State of New York.

The question presented is whether an action is maintainable against the estate of a deceased joint venturer without alleging the insolvency or inability to pay on the part of the surviving joint…