Catapano v. Clemente

Appellate Division of the Supreme Court of New York

Catapano v. Clemente

274 A.D. 995, 85 N.Y.S.2d 514, 1948 N.Y. App. Div. LEXIS 4420

Appellate Division of the Supreme Court of the State of New York·Decided December 6, 1948·Published·Cited by 4 cases

Opinion

In an action to foreclose a mechanic’s lien and for a money judgment for work partially completed under a subcontract, the complaint was dismissed on the ground of abandonment of the uncompleted portion of the subcontract, and the respondent-contractor was awarded a judgment on his counterclaim for damages, representing the increased cost of completing the work, less the unpaid amount to which plaintiffs were entitled for the work they actually completed. Plaintiffs appeal. On the argument of the appeal, plaintiffs conceded that the notice of lien was invalid. Judgment unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ.

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In an action to foreclose a mechanic’s lien and for a money judgment for work partially completed under a subcontract, the complaint was dismissed on the ground of abandonment of the uncompleted portion of the subcontract, and the respondent-contractor was awarded a judgment on his counterclaim for damages, representing the increased cost of completing the work, less the unpaid amount to which plaintiffs were entitled for the work they actually completed. Plaintiffs appeal. On the argument of the appeal, plaintiffs conceded that the notice of lien was invalid. Judgment unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ.

Catapano v. Clemente, 274 A.D. 995, 85 N.Y.S.2d 514, 1948 N.Y. App. Div. LEXIS 4420 (N.Y. Ct. App. 1948).

Pincite

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Opinion

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