Lenmar Construction Co. v. New York City Housing Authority

New York Court of Appeals

Lenmar Construction Co. v. New York City Housing Authority

142 N.E.2d 202, 2 N.Y.2d 628, 162 N.Y.S.2d 25, 1957 N.Y. LEXIS 1070

DecidedApril 12, 1957

StatusPublished

This text of 142 N.E.2d 202 (Lenmar Construction Co. v. New York City Housing Authority) 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

Lenmar Construction Co. v. New York City Housing Authority, 142 N.E.2d 202, 2 N.Y.2d 628, 162 N.Y.S.2d 25, 1957 N.Y. LEXIS 1070 (N.Y. 1957).

Pincite

Opinion

Per Curiam.

Plaintiff contractor not having complied with the provisions of the contract incident to the “ Certificate of Final Acceptance ”, its claim for any unpaid balance is premature and was properly dismissed. Accordingly, we do not pass on the effect of the provision in subdivision (d) of section 4" of the “ Form of Contract ” that the contractor, if the Authority requires it, must execute a general release. Judgment dismissing complaint affirmed, with costs, and order affirming denial of plaintiff’s motion for partial summary judgment affirmed.

Conway, Ch. J., Desmond, Dye, Fuld, Froessel and Burke, JJ., concur; Van Voorhis, J., taking no part.

Judgment affirmed.

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Per Curiam.

Plaintiff contractor not having complied with the provisions of the contract incident to the “ Certificate of Final Acceptance ”, its claim for any unpaid balance is premature and was properly dismissed. Accordingly, we do not pass on the effect of the provision in subdivision (d) of section 4" of the “ Form of Contract ” that the contractor, if the Authority requires it, must execute a general release. Judgment dismissing complaint affirmed, with costs, and order affirming denial of plaintiff’s motion for partial summary judgment affirmed.

Conway, Ch. J., Desmond, Dye, Fuld, Froessel and Burke, JJ., concur; Van Voorhis, J., taking no part.

Judgment affirmed.

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Bluebook (online)

142 N.E.2d 202, 2 N.Y.2d 628, 162 N.Y.S.2d 25, 1957 N.Y. LEXIS 1070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenmar-construction-co-v-new-york-city-housing-authority-ny-1957.