Kavanau v. Virtis Co.

Order entered on or about January, 13,1969, dismissing complaint, unanimously reversed on the law, with $50 costs and disbursements to the appellant, and motion denied, and the judgment entered thereon reversed. The Court of Appeals (21 N Y 2d 837, Feb. 22, 1968) has expressly permitted the plaintiff or his assignor to bring an action in damages in quantum, meruit. Such is the general nature of the complaint before us. And since it has been brought within six months of the Court of Appeals disposition and is “ based upon the same transaction ” it is a permissible new action within the…