City of New York Municipal Court, 1901

Blake v. Gerken

Blake v. Gerken
City of New York Municipal Court · Decided May 15, 1901
34 Misc. 830; 71 N.Y.S. 1133

Counsel

Hardy & Shellabarger (Charles o. Hardy, of counsel), for appellants., H. Aplington (J. A. Stitt, of counsel), for respondent.

Blake v. Gerken

Opinion of the Court

Per Curiam.

We think the trial justice erred in his dismissal of the complaint. The undisputed evidence was that work was done and materials furnished, for which plaintiffs were entitled to at least nominal compensation. This judgment must be reversed and a new trial ordered, with .costs to appellants to abide event of action.

Present: Eitzsimows, Oh. J., Hascall and O’Dwyer, JJ.

Judgment reversed and new trial ordered, with costs to appellants to abide event.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.