Home/New York Court of Appeals/Fredburn Construction Corp. v. City of New York

Fredburn Construction Corp. v. City of New York

21 N.E.2d 370, 280 N.Y. 402, 1939 N.Y. LEXIS 1332
CourtNew York Court of Appeals
DecidedMay 23, 1939
StatusPublished
Cited by15 cases

This text of 21 N.E.2d 370 (Fredburn Construction Corp. v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fredburn Construction Corp. v. City of New York, 21 N.E.2d 370, 280 N.Y. 402, 1939 N.Y. LEXIS 1332 (N.Y. 1939).

Opinion

Per Curiam.

We are of the opinion that upon the motion made by defendant for summary judgment under rule 113 of the Rules of Civil Practice, a substantial question of fact was presented which entitled the plaintiff to a trial of the issue as to whether the so-called last payment voucher was intended and understood to be a last payment voucher and whether plaintiff was barred by accepting the so-called last payment from recovering any further payments from the defendant.

The judgments should be reversed and the motion denied, with costs to the appellant to abide the event.

Lehman, Httbbs, Loughban, Finch and Rippey, JJ., concur; O’Bbien, J., dissents; Cbane, Ch. J., taking no part.

Judgments reversed, etc.

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Bluebook (online)
21 N.E.2d 370, 280 N.Y. 402, 1939 N.Y. LEXIS 1332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fredburn-construction-corp-v-city-of-new-york-ny-1939.