Pompea v. Swift

Appellate Division of the Supreme Court of New York

Pompea v. Swift

27 A.D.2d 838, 280 N.Y.S.2d 546, 1967 N.Y. App. Div. LEXIS 4724

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

DecidedMarch 6, 1967

StatusPublished

This text of 27 A.D.2d 838 (Pompea v. Swift) 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

Pompea v. Swift, 27 A.D.2d 838, 280 N.Y.S.2d 546, 1967 N.Y. App. Div. LEXIS 4724 (N.Y. Ct. App. 1967).

Pincite

Opinion

Judgment of the Supreme Court, Westchester County, dated April 12, 1965, modified, on the law and the facts, by increasing the amount of the judgment for plaintiff from $2,466.42 [eoneededly paid since judgment] to $4,835.92, with interest to be computed, and by providing that recovery of such judgment shall be with costs and disbursements in lieu of the provisions that the judgment be without costs or disbursements in the action. As so modified, judgment affirmed, with costs to appellant. Findings of fact contained in the opinion-decision below inconsistent herewith are reversed and new findings are made as indicated herein. In the light of all the circumstances, including those set forth in the opinion-decision below, a sum of $3,700 should not have been allowed as a credit to defendants for work not finished by plaintiff. Ughetta, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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Judgment of the Supreme Court, Westchester County, dated April 12, 1965, modified, on the law and the facts, by increasing the amount of the judgment for plaintiff from $2,466.42 [eoneededly paid since judgment] to $4,835.92, with interest to be computed, and by providing that recovery of such judgment shall be with costs and disbursements in lieu of the provisions that the judgment be without costs or disbursements in the action. As so modified, judgment affirmed, with costs to appellant. Findings of fact contained in the opinion-decision below inconsistent herewith are reversed and new findings are made as indicated herein. In the light of all the circumstances, including those set forth in the opinion-decision below, a sum of $3,700 should not have been allowed as a credit to defendants for work not finished by plaintiff. Ughetta, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

27 A.D.2d 838, 280 N.Y.S.2d 546, 1967 N.Y. App. Div. LEXIS 4724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pompea-v-swift-nyappdiv-1967.