Sinkovitz v. Applebaum
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Mew York, fourth district, borough of Manhattan, rendered in favor of the defendants.
1Opinion of the CourtLeventritt, J.
The dismissal of the complaint under a 'plea of the ¡Statute of Frauds was error. The evidence adduced shows that the plaintiff’s claim was founded on an original promise.
The plaintiff was a subcontractor under one Musnitsky, who had been employed by the defendant to make certain alterations and repairs to premises owned by him. Owing to the nonreceipt in full of an earned installment, the plaintiff concluded to abandon the'work. Being informed of the situation, the defendant sought the plaintiff and said to him: “ Go ahead with your work and I will pay you as soon as you finish the.job.”…
2Cases cited4 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Raabe v. . SquierNew York Court of Appeals · 1895
- Almond v. HartAppellate Division of the Supreme Court of the State of New York · 1899
- Snell v. RogersNew York Supreme Court · 1893
3Cited by1 opinion
- Cooper & Polak Structural Iron Works v. RosingAppellate Terms of the Supreme Court of New York · 1914