Legal Opinion · Dissent
Goodman v. Del-Sa-Co Foods, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 1964Published
1Dissent
Steuer, J. (dissenting).
A strict adherence to the rules of pleading would require that the judgment be affirmed and the contrary result recommended is based on the interests of justice and does not imply that the learned Trial Justice was at fault in resolving the dilemma before him as he did.
The action was to foreclose a mechanic’s lien. The amount of the lien as filed was $22,804.68 over and above all payments previously made. The trial court found that the amount actually due plaintiff was $9,380.89 and that the amount claimed represented a willful exaggeration. The court thereupon found…
2Cases cited5 opinions
- Joe Smith, Inc. v. Otis-Charles Corp.Appellate Division of the Supreme Court of the State of New York · 1951
- Durand Realty Co. v. StolmanNew York Supreme Court · 1949
- Clemente Construction Corp. v. P. T. Cox Contracting Co.New York Supreme Court · 1939
- John H. Reetz, Inc. v. StacklerNew York Supreme Court · 1960
- In re Lustbader Contracting Corp.New York Supreme Court · 1932