Legal Opinion

George Colon & Co. v. Smith

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

Decided May 18, 1917Published

Appeal by the plaintiff, George Colon & Company, from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Bronx on the 3d day of August, 1916, upon the decision of the court dismissing the complaint after a trial at the Bronx Special Term.

1Opinion of the Court

Laughlin, J.:

I am of opinion that the judgment in favor of the respondent is right and should be affirmed. The respondent Smith was the owner of premises on the southeast corner of Merriam avenue and University avenue (formerly Aqueduct avenue), borough of The Bronx, New York city. In the month of March, 1913, she entered into a verbal contract with the defendant Fitzgerald for the excavation of the lot with a view *101to building an apartment house thereon. Fitzgerald was called as a witness by the plaintiff, and the only evidence with respect to the contract is his testimony which, so far as…

2Cases cited3 opinions

  1. Kenney v. . ApgarNew York Court of Appeals · 1883
  2. Berg v. . ParsonsNew York Court of Appeals · 1898
  3. Mosher v. LewisAppellate Division of the Supreme Court of the State of New York · 1897

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