Merling, Marx, & Seidman, Inc. v. Dynamic Classics, Ltd.

Order, Supreme Court, New York County, entered January 11,1973, unanimously reversed, on the law, and the plaintiff-respondent’s motion for partial summary judgment denied. Appellant shall recover of respondent $60 costs and disbursements of this appeal. In an endeavor to compromise plaintiff-respondent’s claim for work, labor, services and materials furnished, defendant’s attorney wrote a letter to his adversary offering a certain amount in full settlement. Special Term granted partial summary judgment in this amount. The letter is incapable of construction as an admission of liability but…