Legal Opinion

Shoemaker Bridge Co. of Delaware, Inc. v. 21 West Eighty-sixth Street Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1930Published

1Per curiam

In this mechanic’s hen action the plaintiff Harry Alexander, Inc., obtained a judgment against the defendant 21 West Eighty-sixth Street Corporation for the sum of $5,672.34. Included in the judgment is the amount alleged to be due on the contract and a recovery for several items of alleged extra work.

The plaintiff succeeded on the theory of either complete performance or substantial performance. Throughout the trial it was urged that the work having been done to the satisfaction of the municipal department and the board of underwriters said defendant must pay. The terms of the contract…

2Cases cited2 opinions

  1. Spence v. . HamNew York Court of Appeals · 1900
  2. Tannenbaum v. SlevinAppellate Division of the Supreme Court of the State of New York · 1928

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