Roslyn Construction Co. v. Shaw

Appellate Division of the Supreme Court of New York

Roslyn Construction Co. v. Shaw

234 A.D. 884

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

DecidedDecember 15, 1931

StatusPublished

This text of 234 A.D. 884 (Roslyn Construction Co. v. Shaw) 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

Roslyn Construction Co. v. Shaw, 234 A.D. 884 (N.Y. Ct. App. 1931).

Pincite

Opinion

Judgment modified by reducing the amount found due the plaintiff to $7,500, with interest from April 21, 1927, and as so modified unanimously affirmed, with costs to the appellants. We are of the opinion that defendants are entitled to a credit in this action of $1,000, the amount of the check for that amount dated April 20, 1927. We think also that, according to the testimony, $4,000 should be taken as the cost of finishing the contract and not $3,500, which results in the further reduction of $500 in the judgment. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Present — Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ. Settle order on notice.

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Judgment modified by reducing the amount found due the plaintiff to $7,500, with interest from April 21, 1927, and as so modified unanimously affirmed, with costs to the appellants. We are of the opinion that defendants are entitled to a credit in this action of $1,000, the amount of the check for that amount dated April 20, 1927. We think also that, according to the testimony, $4,000 should be taken as the cost of finishing the contract and not $3,500, which results in the further reduction of $500 in the judgment. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Present — Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ. Settle order on notice.

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Bluebook (online)

234 A.D. 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roslyn-construction-co-v-shaw-nyappdiv-1931.