Aiello v. Rocco

Appellate Division of the Supreme Court of New York

Aiello v. Rocco

164 A.D. 952, 149 N.Y.S. 1068

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

DecidedOctober 15, 1914

StatusPublished

This text of 164 A.D. 952 (Aiello v. Rocco) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aiello v. Rocco, 164 A.D. 952, 149 N.Y.S. 1068 (N.Y. Ct. App. 1914).

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Opinion

Judgment and order of the County Court of Westchester county reversed and new trial ordered, costs to abide the event, on the ground that the evidence shows that the parties agreed that the work should be done as the plans and specifications provided, except as otherwise stipulated, and that it was not so done. Hence the plaintiff failed to perform the contract, with resulting damage to defendant. Burr, Thomas, Carr, Rich and Staple-ton, JJ., concurred.

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Judgment and order of the County Court of Westchester county reversed and new trial ordered, costs to abide the event, on the ground that the evidence shows that the parties agreed that the work should be done as the plans and specifications provided, except as otherwise stipulated, and that it was not so done. Hence the plaintiff failed to perform the contract, with resulting damage to defendant. Burr, Thomas, Carr, Rich and Staple-ton, JJ., concurred.

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Bluebook (online)

164 A.D. 952, 149 N.Y.S. 1068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aiello-v-rocco-nyappdiv-1914.