Witt v. Gilmour
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gertrude Gilmour, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Westchester on the 21st day of August, 191-1, upon the decision of the court after a trial at the Westchester Special Term.
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Appeal by the defendant, Gertrude Gilmour, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Westchester on the 21st day of August, 191-1, upon the decision of the court after a trial at the Westchester Special Term. The action was brought to foreclose a mechanic’s lien and judgment was rendered in favor of the plaintiff and certain of the defendants for $3,272.19. The plaintiff, an architect, furnished designs for a country house and garage for defendant Gilmour at Eiverview Manor, Dobbs Ferry, on…
1Per curiam
It is suggested that substantial performance might be found if the value and expense of the contractor’s shortcomings were less than ten per cent of the entire contract. Here the contract was $8,000 gross and $7,400 net. Counsel on one side point to the allowance of $793 as less than ten per cent of the gross contract, and, oh the other side, that it exceeds ten per cent of the $7,400 to be paid to plaintiff.
The complaint of a building contractor whose omissions *113amounted to twenty per cent of the contract price was dismissed (D’Amato v. Gentile, 54 App. Div. 625; 173 N. Y. 596), and this…
2Cases cited6 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Fuchs v. SaladinoAppellate Division of the Supreme Court of the State of New York · 1909
- Schultze v. . GoodsteinNew York Court of Appeals · 1905
- Andersen v. PetereitNew York Supreme Court · 1895
- D'Amato v. . GentileNew York Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Novair Mechanical Corp. v. Universal Management & Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Cassino v. YacevichAppellate Division of the Supreme Court of the State of New York · 1941
- Brainard v. Ten EyckNew York Supreme Court · 1917
- Wilson v. CurranAppellate Division of the Supreme Court of the State of New York · 1920