Rosenweig v. Von Bauer

34 Misc. 767, 68 N.Y.S. 1147
CourtAppellate Terms of the Supreme Court of New York
DecidedFebruary 15, 1901
StatusPublished

This text of 34 Misc. 767 (Rosenweig v. Von Bauer) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rosenweig v. Von Bauer, 34 Misc. 767, 68 N.Y.S. 1147 (N.Y. Ct. App. 1901).

Opinion

Andrews, P. J.

This .action is brought to recover $400 for work done upon four buildings situated on West One Hundred and Seventeenth street, in the city of New York, and for material furnished in connection with such work, and has been tried twice.

On the first trial the plaintiff recovered a judgment of $200, with costs, which was reversed by the Appellate Term (32 Misc. Rep. 714), on the ground that there was not sufficient proof of the plaintiff’s damages or of the reasonable value of the work actually done by him under the contract. Upon the last trial such proof was furnished and abundantly supports the judgment which was rendered.

As I cannot discover that any error of law was committed upon the trial, I am of the opinion that the judgment should be affirmed, with costs.

O’Gorman and Blanchard, JJ., concur.

Judgment affirmed, with costs.

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Bluebook (online)
34 Misc. 767, 68 N.Y.S. 1147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenweig-v-von-bauer-nyappterm-1901.