Louis Gendelman Rigging & Trucking, Inc. v. Koeppel

In an action to recover a sum of money for work, labor and services, defendants appeal (1) from so much of an order of the Supreme Court, Kings County, dated July 18, 1967, as granted plaintiff’s motion for partial summary judgment and severed the action and (2) from the judgment entered on said order. Order reversed insofar as appealed from and judgment reversed, on the law, without costs, and said motion denied. In our opinion, the papers submitted created doubt as to the existence of a triable issue, namely, whether plaintiff had actual knowledge, at the time the contract was made, that…