Kahn v. Witkoski
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Jacques; Kahn against Isaac Witkoski. Prom a judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtGildersleeve, P. J.
The plaintiff brought an action on. a contract for work, labor, and materials, and recovered a judgment against defendant, upon which execution was returned unsatisfied. Upon supplementary proceedings plaintiff discovered for the first time that defendant had been guilty of fraud in procuring or inducing plaintiff to enter into said contract and to furnish the work, labor, and materials under the same. Plaintiff thereupon brought the action at bar for fraud. At the commencement of the trial the court dismissed the complaint, o.n -the ground that the judgment in the former action was a bar to…
2Cases cited4 opinions
- Equitable Co-Operative Foundry Co. v. HerseeNew York Court of Appeals · 1886
- Albany Hardware & Iron Co. v. DayAppellate Division of the Supreme Court of the State of New York · 1896
- Caylus v. . the New York, Kingston and Syracuse Rd. Co.New York Court of Appeals · 1879
- Albany Hardware & Iron Co. v. DayAppellate Division of the Supreme Court of the State of New York · 1896