Greenberg v. Mendelson
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from a judgment of the Municipal Court of the city of New York, thirteenth district, borough of Manhattan, rendered in favor of the defendants.
1Opinion of the CourtGreenbaum, J.
The first cause of action was properly dismissed. There was no proof of waiver of the architect’s certificate, and the architect, who was called as plaintiffs’ witness, testified that the work was not completed, indicating numerous defects and deficiencies in the work. There was, therefore, affirmative proof of nonperformancé and there was no evidence tending to establish an unreasonable refusal on the part of the architect to furnish his certificate.
A different situation, however, exists with respect to the second cause of action. The court excluded testimony preferred by plaintiffs, tending…
2Cases cited3 opinions
- Abells v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1896
- Porter v. SwanNew York City Court · 1892
- Weisbrod v. DemboskyAppellate Terms of the Supreme Court of New York · 1898
3Cited by1 opinion
- Village of Newark v. James F. Leary Construction Co.New York Supreme Court · 1922