Metzler v. Farber
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Morris Metzler against Philip Farber. From an order setting aside a verdict and judgment for plaintiff, and granting a new trial, he appeals. Reversed, and judgment reinstated.
1Opinion of the CourtGuy, J.
The plaintiff appeals from an order, entered herein, vacating and setting aside the verdict of a jury rendered in favor of the plaintiff, and vacating and setting aside a judgment in favor of the plaintiff entered thereon, as contrary to law and contrary to the weight of evidence.
The action was brought under a written contract for work, labor, and services alleged to have been rendered by plaintiff for defendant, and for the value of certain extra work performed by plaintiff at defendant’s request. The evidence as to whether or not there was a substantial performance of the original contract…
2Cases cited3 opinions
- Kingsley v. Finch, Pruyn & Co.New York Supreme Court · 1907
- Salcinger v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1906
- Kaplan v. J. C. Lyons Building & Operating Co.Appellate Terms of the Supreme Court of New York · 1909
3Cited by1 opinion
- Sater v. SalomonAppellate Terms of the Supreme Court of New York · 1912