Rubin v. Millwork Center, Inc.

Appellate Division of the Supreme Court of New York

Rubin v. Millwork Center, Inc.

18 A.D.2d 912, 238 N.Y.S.2d 247, 1963 N.Y. App. Div. LEXIS 4464

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

DecidedFebruary 4, 1963

StatusPublished

This text of 18 A.D.2d 912 (Rubin v. Millwork Center, Inc.) 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

Rubin v. Millwork Center, Inc., 18 A.D.2d 912, 238 N.Y.S.2d 247, 1963 N.Y. App. Div. LEXIS 4464 (N.Y. Ct. App. 1963).

Pincite

Opinion

In an action to recover for work, labor and services performbd and materials furnished by plaintiffs to defendant, the latter appeals from a judgment of the Supreme Court, Queens County, entered February 23, 1962 upon the opinion and decision of the court, in favor of plaintiffs, after | a nonjury trial. Judgment reversed on the law and the facts, and a new trial ordered, with costs to defendant to abide the event. Under the terms of the agreement between the parties, the defendant promised to pay plaintiffs for finishing certain doors “to the same stage as the ninety-eight doors previously returned.” Plaintiffs, however, have recovered a judgment against defendant for the: complete finishing of the doors. Upon [913]*913the present state of the record we cannot determine what part of plaintiffs’ total performance is allocable to defendant’s promise. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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In an action to recover for work, labor and services performbd and materials furnished by plaintiffs to defendant, the latter appeals from a judgment of the Supreme Court, Queens County, entered February 23, 1962 upon the opinion and decision of the court, in favor of plaintiffs, after | a nonjury trial. Judgment reversed on the law and the facts, and a new trial ordered, with costs to defendant to abide the event. Under the terms of the agreement between the parties, the defendant promised to pay plaintiffs for finishing certain doors “to the same stage as the ninety-eight doors previously returned.” Plaintiffs, however, have recovered a judgment against defendant for the: complete finishing of the doors. Upon [913]*913the present state of the record we cannot determine what part of plaintiffs’ total performance is allocable to defendant’s promise. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 912, 238 N.Y.S.2d 247, 1963 N.Y. App. Div. LEXIS 4464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rubin-v-millwork-center-inc-nyappdiv-1963.