Legal Opinion

Kennedy v. Central School District No. 1

Appellate Division of the Supreme Court of the State of New York

Decided May 25, 1938PublishedCited by 1 opinion

1Opinion of the Court

Order reversed on the law, with ten dollars costs and disbursements, and plaintiff’s motion denied, with ten dollars costs. Memorandum: We do not regard this action as involving a “ long account,” in its legal sense, within the meaning of section 466 of the Civil Practice Act. (Thibaudeau v. City of Niagara Falls, 239 App. Div. 644; Hemmerich v. City of Geneva, 251 id. 105.) Although it appears from the bill of particulars that plaintiff’s services are capable of itemization, those items do not constitute an account between the parties within the contemplation of the statute. (Rondall v.…

2Cases cited2 opinions

  1. Thibaudeau v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1934
  2. Dewey v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1927

3Cited by1 opinion

  1. Starace v. CimentiCivil Court of the City of New York · 1973

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