Legal Opinion

P. J. Duff & Sons, Inc. v. Levin

Appellate Terms of the Supreme Court of New York

Decided April 15, 1912Published

Appeax by the defendant from an order of the City Court ,of the city of blew York granting the plaintiff’s motion for a bill of particulars of defendant’s counterclaim.

1Opinion of the CourtGerard, J.

The action is brought to recover the sum of $1,306, the alleged reasonable value of work, labor, services and materials furnished by plaintiff to defendant, less certain payments made on account.

The. answer contains a denial of the material allegations of the complaint and then sets up counterclaims aggregating $4,025 for damages for alleged breach of contract, it being alleged in the answer that plaintiff performed certain work under a contract with defendant; that it did not do all the necessary work therein required; that it did not' furnish all the materials required; that it did not do…

2Cases cited2 opinions

  1. Reitmayer v. CrombieAppellate Division of the Supreme Court of the State of New York · 1904
  2. Herrman v. LelandAppellate Division of the Supreme Court of the State of New York · 1912

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