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MAAS v. NANKEVILLE

Supreme Court, Appellate Term
Feb 1, 1906
49 Misc. 637 (N.Y. App. Term 1906)

Opinion

February, 1906.

Franklin Bien, for appellant.

No brief filed for respondent.


In an action for work, labor and services and materials furnished, the plaintiff gave evidence of an agreed price of $300, but no evidence of reasonable value. The justice awarded him $225 damages. The record shows that this must have been given on the theory of a quantum meruit. Such being the case, I think the amount was too great. According to the evidence it should not have been more than $200 at the utmost. The damages should be reduced to that amount; and, as thus modified, the judgment should be affirmed, without costs.

The appeal from the order denying the motion to vacate the attachment cannot be entertained. Under the Municipal Court Act, the only orders appealable are those enumerated in sections 253-257 thereof (Leavitt v. Katzoff, 43 Misc. 26; Smith v. Ely, 46 id. 458), and none of these sections makes mention of orders in attachment proceedings.

Judgment modified by reducing the amount of the recovery to the sum of $200, and, as modified, affirmed, without costs.

Appeal from order dismissed, with ten dollars costs.

SCOTT and GREENBAUM, JJ., concur.

Judgment modified by reducing amount of recovery to $200, and, as modified, affirmed, without costs.

Appeal dismissed, with ten dollars costs.


Summaries of

MAAS v. NANKEVILLE

Supreme Court, Appellate Term
Feb 1, 1906
49 Misc. 637 (N.Y. App. Term 1906)
Case details for

MAAS v. NANKEVILLE

Case Details

Full title:MARTIN MAAS, Respondent, v . WILLIAM E. NANKEVILLE, Appellant

Court:Supreme Court, Appellate Term

Date published: Feb 1, 1906

Citations

49 Misc. 637 (N.Y. App. Term 1906)
97 N.Y.S. 980