Legal Opinion

Rosenberg v. Kazemier

Appellate Terms of the Supreme Court of New York

Decided January 15, 1913PublishedCited by 2 opinions

Appeal by defendants from a judgment of the Municipal Court of the city of Row York, borough of Manhattan, eighth district, rendered in favor of plaintiffs and against the defendants in the sum of $264, and from that part of the judgment which dismissed their counterclaim, after a trial before the court without a jury.

1Opinion of the CourtGerard, J.

Plaintiffs, building contractors, sued to recover a balance of $200 claimed to be due upon a contract made by them with defendants for the construction by plaintiffs for defendants of a loft building.

The pleadings were written and verified. In the complaint the plaintiffs counted upon a written contract which they alleged they entered into with the defendants, whereby plaintiffs agreed to erect and finish for defendants a building at Ro. 12 Monroe street, with certain exceptions, such as plmnbiug, painting, etc.,, for the sum of $12,100'; that the defendants had paid on account the sum of…

2Cases cited3 opinions

  1. Zimmermann v. LoftAppellate Division of the Supreme Court of the State of New York · 1908
  2. Wagener v. ButlerNew York Court of Common Pleas · 1894
  3. Backer v. PassmanAppellate Terms of the Supreme Court of New York · 1912

3Cited by2 opinions

  1. Drainage Dist. No. 1 v. RudeCourt of Appeals for the Eighth Circuit · 1927
  2. Wier v. Texas Co.District Court, W.D. Louisiana · 1948

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