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Siegel & Hodges v. Hodges

9 N.Y.2d 747 Court N.Y. Decision date 1961-03-02 English

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p. 747
Siegel & Hodges, a Partnership Composed of Al Siegel and John W. Hodges, Appellant, v. Edward Hodges, an Infant, by His Guardian ad Litem Annie S. Hodges, Respondent, et al., Defendant.
Argued January 12, 1961;
decided March 2, 1961.
p. 748
Irving Lemov for appellant.
Norbert Ruttenberg and Edward Cherney for respondent.

Judgment affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fitld, Froessel, Van Voorhis and Foster. Judge Burke dissents in the following memorandum: The complaint states a cause of action for services performed but any recovery must be limited to the value of services rendered by Siegel alone. I do not think that Special Term and the majority are correct in holding that Siegel can bring an action in his individual capacity.