Legal Opinion

Rosenthal v. Rudnick

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

Decided July 1, 1903Published

Appeal by the plaintiff, Charles Rosenthal, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendants, entered on the 28th day of January, 1903, upon the decision of the court dismissing the complaint.

1Opinion of the Court

Hooker, J.:

This case is now before this court for the third timé. In our first decision (Rosenthal v. Rudnick, 65 App. Div, 519) it was held that the facts alleged in the complaint stated a good cause of action. It was one for damages resulting from the settlement of an action after' suit brought, with an agreement upon the part of plaintiff in that action to procure a discontinuance of the suit, and which' agreement was not carried out; judgment was entered in the action against defendants therein, and the debtors were thereby subjected to additional costs and expenses. Upon the second trial…

2Cases cited2 opinions

  1. Rosenthal v. RudnickAppellate Division of the Supreme Court of the State of New York · 1901
  2. Rosenthal v. RudnickAppellate Division of the Supreme Court of the State of New York · 1902

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