Gerace & Castagna, Inc. v. City of New York

New York Court of Appeals

Gerace & Castagna, Inc. v. City of New York

121 N.E.2d 536, 307 N.Y. 707, 1954 N.Y. LEXIS 1449

New York Court of Appeals·Decided July 14, 1954·Published·Cited by 1 cases

Opinion

Judgment afiirmed, with costs.

Concur: Lewis, Ch. J., Desmond, Dye, Fuld and Van Voorhis, JJ. Froessel, J., dissents in the following memorandum : I dissent and vote to modify. I agree that the Appellate Division’s reversal of the judgment was proper but disagree as to the dismissal of the complaint and as to the Appellate Division’s holding: ‘ ‘ it must be held as a matter of law that the acceptance of the final payment was a release to the city.” In my opinion this was clearly a question of fact for the jury, but they should have an opportunity of passing upon the reasonable value of the extra work, which the trial court took away from them. Taking no part: Conway, J.

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Judgment afiirmed, with costs.

Concur: Lewis, Ch. J., Desmond, Dye, Fuld and Van Voorhis, JJ. Froessel, J., dissents in the following memorandum : I dissent and vote to modify. I agree that the Appellate Division’s reversal of the judgment was proper but disagree as to the dismissal of the complaint and as to the Appellate Division’s holding: ‘ ‘ it must be held as a matter of law that the acceptance of the final payment was a release to the city.” In my opinion this was clearly a question of fact for the jury, but they should have an opportunity of passing upon the reasonable value of the extra work, which the trial court took away from them. Taking no part: Conway, J.

Gerace & Castagna, Inc. v. City of New York, 121 N.E.2d 536, 307 N.Y. 707, 1954 N.Y. LEXIS 1449 (N.Y. 1954).

Pincite

121 N.E.2d 536 (Gerace & Castagna, Inc. v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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