McIntosh Ready Mix Concrete Corp. v. R. D. Battaglini Corp.

36 A.D.2d 561, 317 N.Y.S.2d 692, 1971 N.Y. App. Div. LEXIS 4895

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 20, 1971
• Status: Published

Opinion

Reynolds, Greenblott, Cooke and Sweeney, JJ., concur; Herlihy, P. J., concurs in the following memorandum: I concur for affirmance, but solely upon what I consider to be the rationale of the trial court’s decision to wit: that after making certain findings of a violation of the requirements of the ASTM C-31 test, the court concluded “it is not just or equitable to penalize the general contractor or the plaintiff, McIntosh, under the present circumstances.”