Hutchinson Roofing & Sheet Metal Co. v. Gillert Construction Corp.

Appellate Division of the Supreme Court of New York

Hutchinson Roofing & Sheet Metal Co. v. Gillert Construction Corp.

275 A.D.2d 1048

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

DecidedOctober 10, 1949

StatusPublished

This text of 275 A.D.2d 1048 (Hutchinson Roofing & Sheet Metal Co. v. Gillert Construction Corp.) 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

Hutchinson Roofing & Sheet Metal Co. v. Gillert Construction Corp., 275 A.D.2d 1048 (N.Y. Ct. App. 1949).

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Opinion

Plaintiff should not have been denied the amount found. to be due it on the contract, even though defendant was entitled to recover damages on account of the exaggerated lien. (Lien Law, §§ 39, 39-a, 54.) Findings of fact and conclusions of law inconsistent herewith are reversed and new findings will be made. Present — Nolan, P, J,, Carswell, Adel, Sneed and Wenzel, JJ. Settle order on notice,

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Plaintiff should not have been denied the amount found. to be due it on the contract, even though defendant was entitled to recover damages on account of the exaggerated lien. (Lien Law, §§ 39, 39-a, 54.) Findings of fact and conclusions of law inconsistent herewith are reversed and new findings will be made. Present — Nolan, P, J,, Carswell, Adel, Sneed and Wenzel, JJ. Settle order on notice,

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275 A.D.2d 1048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchinson-roofing-sheet-metal-co-v-gillert-construction-corp-nyappdiv-1949.