Legal Opinion
Rourke v. Fred H. Thomas Associates, P. C.
New York Supreme Court
Decided July 21, 1994PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Walter J. Relihan, Jr., J.
This is a motion by defendant to set aside a verdict in favor of plaintiff (CPLR 4404). The defendant is an architectural firm. The plaintiff is the sole shareholder of a corporation which, over a 20-year period, filled printing and document reproduction orders for the architects. The plaintiff took an assignment of the claim and has pursued the matter, pro se, through trial to verdict.
The parties maintained a running account. Jobs were performed, as ordered, but bills were sent by the plaintiff on a very irregular schedule. Similarly, payments…
2Cases cited7 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
- Giventer v. ArnowNew York Court of Appeals · 1975
- Woerz v. . SchumacherNew York Court of Appeals · 1900
- New York State Thruway Authority v. HurdNew York Court of Appeals · 1969
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re P.G. Realty Co.United States Bankruptcy Court, E.D. New York · 1998
- Rourke v. Fred H. Thomas AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
- In Re Marfin Ready Mix Corp.United States Bankruptcy Court, E.D. New York · 1998
- Bank of New York v. Foamex International Inc. (In Re Foamex International Inc.)District Court, D. Delaware · 2008