Heller v. Tri-Boro Enterprises, Inc.

Appellate Terms of the Supreme Court of New York

Heller v. Tri-Boro Enterprises, Inc.

28 Misc. 2d 585, 219 N.Y.S.2d 918, 1960 N.Y. Misc. LEXIS 2065

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 8, 1960

StatusPublished

This text of 28 Misc. 2d 585 (Heller v. Tri-Boro Enterprises, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heller v. Tri-Boro Enterprises, Inc., 28 Misc. 2d 585, 219 N.Y.S.2d 918, 1960 N.Y. Misc. LEXIS 2065 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The cabinets delivered were in exact accord with the contract. Plaintiff knew that actual installation might require adjustment for minute variations. However he chose to install them himself. He cannot now complain or seek to have a service performed for which he did not contract. Any finding based on a variance between the form of the contract when made and when offered in evidence was not based on proof sufficient to raise an issue.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs to appellant.

Concur—Hecht, J. P., Steuer and Tilzer, JJ.

Judgment reversed, etc.

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Per Curiam.

The cabinets delivered were in exact accord with the contract. Plaintiff knew that actual installation might require adjustment for minute variations. However he chose to install them himself. He cannot now complain or seek to have a service performed for which he did not contract. Any finding based on a variance between the form of the contract when made and when offered in evidence was not based on proof sufficient to raise an issue.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs to appellant.

Concur—Hecht, J. P., Steuer and Tilzer, JJ.

Judgment reversed, etc.

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Bluebook (online)

28 Misc. 2d 585, 219 N.Y.S.2d 918, 1960 N.Y. Misc. LEXIS 2065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heller-v-tri-boro-enterprises-inc-nyappterm-1960.