Cardozo v. Gulack

This court, in June, 1963, affirmed an order denying a motion by appellant for summary judgment dismissing the complaint herein (Cardoso v. Gulack, 19 A D 2d 697). In May, 1967 appellant moved to dismiss the action for failure to prosecute, and in the alternative applied again for summary judgment, citing events subsequent to the earlier denial in justification. He was awarded neither relief, and now appeals, confining Ms attack to the failure to grant summary judgment.

Respondent, an attorney, brought this action to recover from appellant and Ms wife the reasonable value of legal services…