Van Note v. Cook
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendant, John A. Cook, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2Tth day of December, 1899, upon the report of a referee.
1Opinion of the Court
Hirschberg, J.:
The plaintiff sues to recover the sum of $1,081.55 for extra work, labor and materials, alleged to have been performed and furnished under a contract for the erection of a pavilion and alterations to a *56hotel at Coney Island. In the complaint it is alleged, and on the trial it was proven, that the plaintiff was in possession of a certificate given by the defendant’s architect and superintendent to the effect that the work to recover-payment for which the suit is brought was all extra work, was all done in a good and workmanlike manner, and that all the prices charged were…
2Cases cited2 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Smith v. . AlkerNew York Court of Appeals · 1886
3Cited by2 opinions
- Clark v. Mt. Gilead Baptist ChurchAppellate Terms of the Supreme Court of New York · 1915
- National Contracting Co. v. Hudson River Water Power Co.New York Supreme Court · 1901