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34 Misc. 767

Rosenweig v. Von Bauer

Appellate Terms of the Supreme Court of New York · decided 1901-02-15

<p>Appeal from a judgment of the Municipal Court of the city of ETew York, first district, borough of Manhattan, in favor of the plaintiff.</p>

Decided 1901-02-15

Andrews, P. J.

¶1This .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.

¶2On 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.

¶3As 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.

¶4O’Gorman and Blanchard, JJ., concur.

¶5Judgment affirmed, with costs.

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