Lundine v. Callaghan
Appellate Division of the Supreme Court of the State of New York
Appeal from Municipal Court, Borough of Brooklyn, Second District. Action by Charles A. Lundine against Alexander J. A. Callaghan. From a judgment of the Municipal Court for plaintiff, defendant appeals ; and from a judgment for defendant on a counterclaim, plaintiff appeals.
1Opinion of the CourtWoodward, J.
The trial court found that the plaintiff was entitled to recover from the defendant the full amount claimed by him for work done and materials furnished, less a part of the amount for which the defendant, by counterclaim, demanded judgment against the plaintiff. From the judgment entered on this decision, both parties appeal to this court. At the close of the plaintiff’s case, and again at the close of the whole case, the defendant moved for a dismissal of the complaint on the ground of variance between the allegations of the complaint and the proof,'and also on the ground of certain, defects…
2Cases cited3 opinions
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Haupt v. AmesAppellate Division of the Supreme Court of the State of New York · 1898
- Hanlon v. Metropolitan Life InsuranceNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Weiss v. RosenbaumAppellate Terms of the Supreme Court of New York · 1909