Zambetti v. Steinmetz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel B. Steinmetz and another, from a judgment of the County Court of the county of Bronx in favor of the plaintiffs, entered in the office of the clerk of said county on the 27th day of September, 1922, upon the decision of the court rendered after a trial before the court without a jury.
1Opinion of the Court
Finch, J.:
The action was brought to foreclose a mechanic’s lien for labor performed and materials furnished in connection with the erection of a new building, pursuant to a written contract. The defendants set up a counterclaim for damages due to improper material and defective workmanship. The trial court said: “ It is alleged, and proof is offered to show, on behalf of the defendants, that by reason of latent defects resulting from lack of proper material and occasioned by poor workmanship, the plaster on many of the ceilings in the house fell within two or three weeks after the plaintiffs…
2Cases cited2 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- Jankowitz v. Manhattan Swiss Embroidery Co.Appellate Division of the Supreme Court of the State of New York · 1921
3Cited by1 opinion
- Environmental Products & Services Inc. v. Briar Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1992