Capobianco v. Thilemann
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of plaintiff, rendered in the Municipal Court of the city of New York, second district, borough of The Bronx.
1Opinion of the Court
Per Curiam..The plaintiff sued for labor performed at the request of the defendant. According to his evidence, he was directed to do such work as he was instructed to perform by the inspector on the work. A dispute arising as to the extent of the services rendered, the evidence given on behalf of the plaintiff justified the conclusion reached by the court below.
Lawrence v. Mayor, 29 App. Div. 298, has no application. That was a case between a contractor and the city, under a contract providing that the estimate of the engineer as to the amount of work performed would be conclusive between the…
2Cases cited1 opinion
- Lawrence v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898