Solomonick v. Levy
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Jacob Solomonick and another, doing business under the firm name of ■ Solomonick Bros., against Charles Levy. From an order granting plaintiff’s motion for a reargument of a previous-motion for a new trial, which motion had been denied, and vacating the judgment theretofore rendered, defendant appeals.
1Opinion of the CourtBijur, J.
Plaintiffs had sued on a contract for painting certain iron work for defendant, and judgment had been rendered for the defendant. It appears that the previous motion for a new trial had been denied, on the notion that plaintiffs could bring another action for the work done based on a quantum meruit. THe application for a reargument was urged because of the decision in Maeder v. Wexler, 98 App. Div. 68, 90 N. Y. Supp. 598, which plaintiff cites as authority for the proposition that an action on quantum meruit was barred by the prior adjudication in defendant’s favor. While it may be remarked…
2Cases cited4 opinions
- Goldenberg v. AdlerNew York Supreme Court · 1910
- Altmark v. HaimowitzAppellate Terms of the Supreme Court of New York · 1907
- Maeder v. WexlerAppellate Division of the Supreme Court of the State of New York · 1904
- Steinman v. BlumenfeldAppellate Terms of the Supreme Court of New York · 1908