Aldine Manufacturing Co. v. West Side Building Co.

109 N.Y.S. 597

Opinion

INGRAHAM, J.

The facts appearing on this appeal are substantially the same as those in the case of Aldine Manufacturing Company v. Duffy-McInnerney Company (decided herewith) 109 N. Y. Supp. 596. The action was brought to recover the amount alleged to be due under a contract between the Plymouth Company and the defendant to perform certain work and to furnish materials on a building in the city of Rochester in the county of Monroe, and the defense is the same.

For the reasons stated in the opinion in that case, I think the order should be reversed, with $10 costs and disbursements, and the motion granted. All concur.