Legal Opinion
Sear-Brown Associates, P. C. v. Blackwatch Development Corp.
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1985PublishedCited by 7 opinions
1Opinion of the Court
Judgment unanimously reversed, on the law and facts, with costs, and complaint dismissed. Memorandum: It was error to award judgment to plaintiff on its action for breach of contract on the theory of substantial performance. In order to recover for substantial performance, the plaintiff must establish that its failure to perform was inadvertent or unintentional and that the defects were insubstantial (see, Jacob & Youngs v Kent, 230 NY 239; American Std. v Schectman, 80 AD2d 318, lv denied 54 NY2d 604; Triple M. Roofing Corp. v Greater Jericho Corp., 43 AD2d 594). Plaintiff’s failure to…
2Cases cited5 opinions
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Fox v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1899
- American Standard, Inc. v. SchectmanAppellate Division of the Supreme Court of the State of New York · 1981
- Hollister v. . MottNew York Court of Appeals · 1892
- Triple M. Roofing Corp. v. Greater Jericho Corp.Appellate Division of the Supreme Court of the State of New York · 1973
3Cited by7 opinions
- Novair Mechanical Corp. v. Universal Management & Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Jerry B. Wilson Roofing & Painting, Inc. v. Jobco—E. R. Kelly Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Carefree Building Products, Inc. v. BelinaAppellate Division of the Supreme Court of the State of New York · 1991
- John's Insulation, Inc. v. Hartford Accident & Indemnity Co. (In Re John's Insulation, Inc.)United States Bankruptcy Court, E.D. New York · 1998
- MacK-cali Realty, L.P. v. Everfoam Insulation Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
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