Kotlowitz v. Silberstein
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, entered upon a verdict rendered in favor of the defendants.
1Opinion of the CourtLehman, J.
The pleadings in this case set forth the performance of work, labor and services, and the furnishing of material incidental thereto, of the agreed price and reasonable value of $319.15, and that no part of said sum has been paid except the sum of $210.42. The answer denies these allegations, except that the defendants admit “ having received certain materials from the plaintiffs above named which defendants paid for in full.” The answer further sets forth an affirmative defense that the work was not properly done and that the merchandise furnished was unmarketable and was returned or its…
2Cases cited3 opinions
- Lake Ontario National Bank v. JudsonNew York Court of Appeals · 1890
- Cilley v. . Preferred Accident Insurance Co. of New YorkNew York Court of Appeals · 1907
- Cilley v. Preferred Accident Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1905