Legal Opinion

Rothenberg v. Greenthal

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 1916Published

Appeal by the plaintiff, John W. Rothenberg, from a judgment of the County Court of Bronx county in favor of the defendant, entered in the office of the clerk of said county on the 27th day of April, 1914, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case, and upon a direction for judgment in favor of the defendant upon a counterclaim to which plaintiff had made no reply.

1Opinion of the Court

Smith, J.:

In the complaint the plaintiff alleges that in January, 1913, he agreed to install all the plumbing and gasfitting in certain premises belonging to the defendant, “according to plans & specifications and according to rules & regulations of the Building and Tenement House Depts.” and to furnish all materials necessary therefor, for the sum of $900. He further alleges that pursuant to said agreement plaintiff performed labor and furnished material, and was ready to complete said agreement according to the terms thereof, but that the defendant wrongfully refused to allow plaintiff to…

2Cases cited2 opinions

  1. Scribner v. LevyNew York Supreme Court · 1889
  2. Barber v. GrayNew York Court of Common Pleas · 1893

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