Pacific Steel Boiler Corp. v. Shoreward Realty Corp.

Appellate Division of the Supreme Court of New York

Pacific Steel Boiler Corp. v. Shoreward Realty Corp.

240 A.D. 773

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

DecidedJuly 15, 1933

StatusPublished

This text of 240 A.D. 773 (Pacific Steel Boiler Corp. v. Shoreward Realty 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

Pacific Steel Boiler Corp. v. Shoreward Realty Corp., 240 A.D. 773 (N.Y. Ct. App. 1933).

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Opinion

Judgment unanimously affirmed, with costs. Appellants’ proposed finding No. 8, found by the trial court at folio 206, that defendant Berman-Rathe Corporation abandoned the work on August 1, 1929, is reversed, and in its place this court makes the following finding: “ 8. Defendant Berman-Rathe Corporation had not abandoned the work on August 1, 1929, and had not abandoned it until after the liens had been filed.” The trial court’s finding in this respect must have been inadvertently made, for it is without support in the record. Conclusion of law 2, at folios 227, 228, proposed by appellants and found by the trial court, also is reversed as not being warranted by the findings. Present — Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ.

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Judgment unanimously affirmed, with costs. Appellants’ proposed finding No. 8, found by the trial court at folio 206, that defendant Berman-Rathe Corporation abandoned the work on August 1, 1929, is reversed, and in its place this court makes the following finding: “ 8. Defendant Berman-Rathe Corporation had not abandoned the work on August 1, 1929, and had not abandoned it until after the liens had been filed.” The trial court’s finding in this respect must have been inadvertently made, for it is without support in the record. Conclusion of law 2, at folios 227, 228, proposed by appellants and found by the trial court, also is reversed as not being warranted by the findings. Present — Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ.

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Bluebook (online)

240 A.D. 773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacific-steel-boiler-corp-v-shoreward-realty-corp-nyappdiv-1933.