Gay v. Lancaster

Appellate Division of the Supreme Court of New York

Gay v. Lancaster

229 A.D. 725

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

DecidedApril 15, 1930

StatusPublished

This text of 229 A.D. 725 (Gay v. Lancaster) 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

Gay v. Lancaster, 229 A.D. 725 (N.Y. Ct. App. 1930).

Pincite

Opinion

Judgment and order reversed upon the law and the facts and a new trial before the court granted, costs to appellant to abide the event. The plaintiff failed to sustain the burden of proof as to the cost to him of labor and materials and the findings of the referee in respect thereto are against the weight of evidence. The plaintiff’s admissions of overcharges were unexplained and there was no basis for an extra allowance. Findings of fact and conclusions of law inconsistent herewith are reversed. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.

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Judgment and order reversed upon the law and the facts and a new trial before the court granted, costs to appellant to abide the event. The plaintiff failed to sustain the burden of proof as to the cost to him of labor and materials and the findings of the referee in respect thereto are against the weight of evidence. The plaintiff’s admissions of overcharges were unexplained and there was no basis for an extra allowance. Findings of fact and conclusions of law inconsistent herewith are reversed. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.

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Bluebook (online)

229 A.D. 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gay-v-lancaster-nyappdiv-1930.