Legal Opinion
Soeurbee, Inc. v. Jatison Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 1, 1918PublishedCited by 1 opinion
Appeal by the plaintiff, Jatison. Construction Company, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the' county of New York on the 21st day of December, 1917, granting plaintiff’s motion to strike certain .denials from an affirmative partial defense.
1Opinion of the Court
Shearn, J.:
The first cause of action, which is the only one with which we are concerned, alleges the breach of an agreement in writing whereby a building should be fully completed, decorated and equipped as provided therein. Paragraphs 4 and 5 of the complaint, which are the ones denied in the affirmative partial defense, are as follows:
“ Fourth. The defendant did not perform said contract on its part to be performed, but on the contrary, on January 2nd, 1917, conveyed the aforesaid 79th Street premises to the plaintiff, and the said building thereon had not been and is not fully completed,…
2Cases cited1 opinion
- Mendelson v. MarguliesAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Hitching v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1921