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Pomerantz v. Pirozzi

129 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1911-06-02 English

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p. 1142
POMERANTZ, Appellant, v. PIROZZI et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
June 2, 1911.)

Headnote

Action by David Pomerantz against Filomena Pirozzi and another.

Plaintiffs testimony, if true, establishes a contract by the defendants under which he was to perform the work at an agreed price. It is uncontradicted. There is nothing improbable in his testimony, and the court should not have rejected it. Judgment of the Municipal Court reversed, and new trial ordered; costs to abide the event.