Legal Opinion

Cooper & Polak Structural Iron Works v. Rosing

Appellate Terms of the Supreme Court of New York

Decided May 15, 1914PublishedCited by 3 opinions

Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, dismissing the complaint after plaintiff had rested.

1Opinion of the CourtWhitaker, J.

Defendant David Bosing was the owner of certain premises in New York city. Defendants Diamond and McKibbin were lessees of the premises. One Tuchman had a contract with defendants Diamond and McKibbin to do certain structural work on said premises. Tuchman entered into a contract with the plaintiff as sub-contractor to do certain iron work for the sum of $900. Pursuant to that contract, plaintiff delivered $500 worth of iron beams and, claiming that he had not been paid therefor, re*410fused to continue Ms contract. Whereupon plaintiff alleges that the defendants made a verbal contract with the…

2Cases cited2 opinions

  1. White v. . RintoulNew York Court of Appeals · 1888
  2. Sinkovitz v. ApplebaumAppellate Terms of the Supreme Court of New York · 1907

3Cited by3 opinions

  1. Cooper & Pollack Structural Iron Works v. RosinoAppellate Division of the Supreme Court of the State of New York · 1915
  2. Levitt v. GriswoldNew York Supreme Court · 1914
  3. Windsor Const. Co. v. RulandNew York Supreme Court · 1914

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