Guando v. Alpen
Appellate Division of the Supreme Court of the State of New York
Apfeal by the defendant, Henry Alpen, from an order and judgment of the County Court of Nassau county, entered in the office of the clerk of said county on the 23d day of July, 1918, reversing the judgment of a justice of the peace of the town of Hempstead dismissing the complaint, with costs, and dismissing defendant’s counterclaim.
1Opinion of the Court
Jaycox, J.:
This action was brought before a justice of the peace of the county of Nassau to recover a balance claimed to be due *568for work, labor, services and materials furnished. The answer denied the allegations of the complaint as to the reasonable value of the work and labor performed and materials furnished, and set up a counterclaim in which it is alleged that plaintiff entered into a contract to construct for defendant a concrete driveway for the sum of $150; that $50 has been paid on account thereof, and that plaintiff performed his work so unskillfully that defendant was obliged to…
2Cases cited3 opinions
- Schoonmaker v. . SpencerNew York Court of Appeals · 1873
- Serring v. StrykerNew York County Court, Steuben County · 1894
- Putnam Foundry & Machine Co. v. YoungAppellate Division of the Supreme Court of the State of New York · 1900