Tuccillo v. Pittelli
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Dominick Tuccillo against James A. Pittelli and others. From a Municipal Court judgment in favor of defendants, plaintiff" appeals.
1Opinion of the CourtHendrick, J.
Appeal from a judgment of the Municipal Court in favor of all defendants. The action is for $500 damages for a breach of contract for building foundations, and for work, labor, and materials furnished thereunder. Plaintiff sues all of the defendants, seeking to hold them as partners engaged in a joint adventure, on the theory that they represented themselves as the James A. Pittelli Realty Company, a corporation, although never incorporated. Defendants Dumas and Levine appeared and entered a general denial. Defendant Pittelli did not answer or appear in the action, except as a witness called…
2Cases cited2 opinions
- Perrine v. LevinNew York Supreme Court · 1910
- Perrine v. LevinAppellate Terms of the Supreme Court of New York · 1910
3Cited by1 opinion
- Weiss v. BaumAppellate Division of the Supreme Court of the State of New York · 1926