McLaughlin v. George Gushue, Inc.

Order affirmed, with ten dollars costs and disbursements. While plaintiff vyas not entitled to summary judgment under rule 113, the action not being one to recover liquidated damages, it clearly appears that she was entitled to relief under rules 109 and 112,* since the defense was insufficient in law, and in light thereof the denial was sham. Lazansky, P. J., Rich, Young, Seeger and Seudder, JJ., concur.