Appellate Division of the Supreme Court of the State of New York December 8, 1941 (King v. Lafayette National Bank)

In an action which, as presented by the third cause of *831action as limited by plaintiff’s bill of particulars and a stipulation supplementing samé, is one against the defendant Carlin only to recover the value of services rendered, judgment in favor of that defendant entered upon an order granting his motion for summary judgment pursuant to Civil Practice Rules 113 and 114, reversed on the law,