LUTZKEN v. CITY OF ROCHESTER


7 A.D.2d 498 (1959)

William F. Lutzken, Respondent, v. City of Rochester, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 8, 1959.


Attorney(s) appearing for the Case

Honora A. Miller, Corporation Counsel (Charles A. Cavallaro of counsel), for appellant.

MacFarlane, Harris, Martin, Kendall & Dutcher (James W. Richards of counsel), for respondent.

All concur. Present — McCURN, P. J., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.


GOLDMAN, J.

Plaintiff recovered judgment against the defendant City of Rochester on a quantum meruit basis for services rendered in the removal of four tree stumps. This claim was set forth in the second cause of action of plaintiff's complaint, the first cause of action alleging an express contract having been properly dismissed by reason of a complete failure of proof. Although the record is not clear or conclusive as to any promise made by the...

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