
    N. V. Handelmaatschappij J. Smits, Import-Export, Respondent, v. Republic Chemical Corporation, Appellant.
    Supreme Court, Appellate Term, First Department,
    June 4, 1959.
    
      Alfred S. Julien for appellant.
    
      Hiram G. Shields and Harold W. Grubart for respondent.
   Per Curiam.

The papers submitted disclose the existence of an issue of fact as to whether or not a Dutch attorney was retained by the defendant to represent it in an action brought in a Holland court. This issue alone is sufficient to defeat the application for summary judgment made by plaintiff in the court below.

The judgment and order should be reversed, with $10 costs to appellant, and motion denied.

Concur — Hofstadter, J. P., Hecht and Aurelio, JJ.

Judgment and order reversed, etc.  