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

CourtNew York Court of Appeals

DecidedJuly 14, 1954

StatusPublished

Cited by1 cases

This text of 121 N.E.2d 536 (Gerace & Castagna, Inc. 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

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).

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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.

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Bluebook (online)

121 N.E.2d 536, 307 N.Y. 707, 1954 N.Y. LEXIS 1449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerace-castagna-inc-v-city-of-new-york-ny-1954.

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