New York Court of Appeals

Wilfred J. Curry, Respondent v. James M. MacKenzie, Appellant

January 21, 1925239 N.Y. 267

Summary

The New York Court of Appeals reversed the Appellate Division's judgment and affirmed the Special Term's order, holding that summary judgment was improper on both the work-and-materials claim and the account stated claim. The court required a trial because the affidavits presented did not conclusively establish the facts needed to defeat the defendant's defenses.