Legal Opinion

Halbert v. Gibbs

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

Decided July 1, 1897PublishedCited by 12 opinions

Appeal by the defendant, Albert B. Gibbs, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 12th day of March, 1897, denying the defendant’s motion for the .substitution of an attorney in the action.

1Opinion of the Court

Hatch, J. :

The action out of which the present controversy arose was brought to recover a balance of $6,014, claimed to be due to the plaintiff from the defendant for material furnished, and labor and services performed upon- private residence premises in the-city of Hew York. The defendant denied liability and set up by way of counterclaim improper work, failure to furnish material, loss of rent, money loaned and other items, amounting in the aggregate to the sum of $20,510.18. The action was begun about April, 1893, and Augustus B. Prentice was retained to defend the action and served…

2Cases cited4 opinions

  1. Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
  2. Matter of HNew York Court of Appeals · 1883
  3. Tuck v. ManningNew York Supreme Court · 1889
  4. Sessions v. PalmeterNew York Supreme Court · 1894

3Cited by12 opinions

  1. Klein v. EubankNew York Court of Appeals · 1996
  2. Goldman v. Rafel Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1945
  3. In Re WoodworthCourt of Appeals for the Second Circuit · 1936
  4. Weynberg v. City of New York Commission on Human RightsNew York Supreme Court · 1968
  5. Barkley v. New York Centrall & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899

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