Public Constructors, Inc. v. O'Meara

Appellate Division of the Supreme Court of New York

Public Constructors, Inc. v. O'Meara

7 A.D.2d 647, 181 N.Y.S.2d 183, 1958 N.Y. App. Div. LEXIS 4225

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

DecidedNovember 17, 1958

StatusPublished

This text of 7 A.D.2d 647 (Public Constructors, Inc. v. O'Meara) 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

Public Constructors, Inc. v. O'Meara, 7 A.D.2d 647, 181 N.Y.S.2d 183, 1958 N.Y. App. Div. LEXIS 4225 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action by a subcontractor against the persons with whom it had contracted to perform certain work, labor and services and to furnish certain materials, to recover a balance of $30,932.30, said contractors interposed seven counterclaims, including one which alleged that they had made an overpayment to the subcontractor of $7,237.50 (second counterclaim). After trial by the court without a jury the court found for the subcontractor on its cause of action and in favor of the contractors on the second counterclaim, and dismissed the remaining counterclaims. The contractors appeal from so much of the judgment entered thereon as is against them and in favor of the sub[648]*648contractor. Judgment insofar as appealed from unanimously affirmed, with costs. No opinion. Present—Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Hallinan, JJ.

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In an action by a subcontractor against the persons with whom it had contracted to perform certain work, labor and services and to furnish certain materials, to recover a balance of $30,932.30, said contractors interposed seven counterclaims, including one which alleged that they had made an overpayment to the subcontractor of $7,237.50 (second counterclaim). After trial by the court without a jury the court found for the subcontractor on its cause of action and in favor of the contractors on the second counterclaim, and dismissed the remaining counterclaims. The contractors appeal from so much of the judgment entered thereon as is against them and in favor of the sub[648]*648contractor. Judgment insofar as appealed from unanimously affirmed, with costs. No opinion. Present—Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Hallinan, JJ.

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Bluebook (online)

7 A.D.2d 647, 181 N.Y.S.2d 183, 1958 N.Y. App. Div. LEXIS 4225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-constructors-inc-v-omeara-nyappdiv-1958.