Lashinsky v. Silverman
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment in favor of the plaintiff entered in the City Court of the city of New York.
1Opinion of the CourtMacLean, J.
The plaintiff undertook, in writing, with the defendant first named, to “ provide all the materials and perform all the work for the carpenter work * * * all the carpenter work to be done in ” the alteration of certain buildings the defendants owned, or were interested in, for $2,100. Claiming to have fulfilled, substantially, all of his undertaking, the plaintiff brought this action and has recovered judgment for a balance of $300 on the agreement and $492, besides, for extra work. These sums are not supported sufficiently by his proof, which fails to show substantial performance of his…
2Cited by1 opinion
- Gompert v. HealyAppellate Division of the Supreme Court of the State of New York · 1912