Frear v. L. Barth & Son

233 A.D. 654 | N.Y. App. Div. | 1931

Order affirmed, with ten dollars costs and disbursements, with leave to plaintiff to serve an amended supplemental complaint within ten days from service of order upon payment of said costs and ten dollars costs of motion at Special Term. No opinion. Present — Finch, Merrell, McAvoy, Martin and Sherman, JJ.; Finch and Sherman, JJ., dissent on the ground that a cause of action in quantum meruit is stated against the corporate defendant.