Legal Opinion
Condello v. Stock
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 1955PublishedCited by 6 opinions
1Opinion of the Court
Memorandum by the Court. We have reached the conclusion that upon the preponderance of the credible evidence the plaintiff is entitled to the total sum of $919.69 for extras, rather than the sum of $344 as found by the trial court; that the cost of completing the contract and remedying the defects in the work done by the plaintiff amounts to $2,641.98, rather than $3,000 as found by the trial court.
The contract price was $16,500. The defendants paid the plaintiff on account of such contract $15,800. Since the plaintiff did not substantially perform his contract he may not recover the balance…
2Cases cited1 opinion
- Along-the-Hudson Co. v. AyresAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by6 opinions
- Wolff & Munier, Inc., Plaintiff-Appellant-Cross-Appellee v. The Whiting-Turner Contracting Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1991
- American Standard, Inc. v. SchectmanAppellate Division of the Supreme Court of the State of New York · 1981
- Sarnelli v. CurzioAppellate Division of the Supreme Court of the State of New York · 1984
- Sherman v. HanuAppellate Division of the Supreme Court of the State of New York · 1993
- Frank M. Herbert, Jr., Inc. v. M & P Scrap Iron & Metal Corp.Civil Court of the City of New York · 1963
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