Hohauser v. S. & S. Development Co.

Appellate Division of the Supreme Court of New York

Hohauser v. S. & S. Development Co.

237 A.D. 849

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1932·Published·Cited by 1 cases

Opinion

Judgment unanimously affirmed, with costs. We are of the opinion that plaintiff was obligated to prepare both preliminary plans and specifications and final working drawings and specifications for the sum of $2,500, payment for which was contingent upon removal of the restrictions by the board of standards and appeals within a reasonable time. Such restrictions were so removed- within a reasonable time. Findings of fact inconsistent with this decision are reversed and new findings to support this decision will be made. Present — Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ. Settle order on notice.

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Judgment unanimously affirmed, with costs. We are of the opinion that plaintiff was obligated to prepare both preliminary plans and specifications and final working drawings and specifications for the sum of $2,500, payment for which was contingent upon removal of the restrictions by the board of standards and appeals within a reasonable time. Such restrictions were so removed- within a reasonable time. Findings of fact inconsistent with this decision are reversed and new findings to support this decision will be made. Present — Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ. Settle order on notice.

Hohauser v. S. & S. Development Co., 237 A.D. 849 (N.Y. Ct. App. 1932).

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Opinion

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