Ben Construction Corp. v. Ventre

Justice requires the affirmance of this judgment, despite the fact that there might have been (and we do not agree that there were) errors in the submission of the case to the jury. The verdict of the jury was eminently fair and proper, and the majority so agree. As a matter of fact, if any other verdict were returned it would clearly be against the weight of the evidence. <

Factually the case of Carlson, Holmes & Bromstad v. Stewart & Co., (147 Misc. 607, affd. 246 App. Div. 522), cited by the majority, has no application. There the plaintiff contracted to construct and install a beauty…