Yorktown Homes, Inc. v. County of Westchester

Appellate Division of the Supreme Court of New York

Yorktown Homes, Inc. v. County of Westchester

7 A.D.2d 649, 181 N.Y.S.2d 184, 1958 N.Y. App. Div. LEXIS 4231

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

DecidedNovember 17, 1958

StatusPublished

This text of 7 A.D.2d 649 (Yorktown Homes, Inc. v. County of Westchester) 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

Yorktown Homes, Inc. v. County of Westchester, 7 A.D.2d 649, 181 N.Y.S.2d 184, 1958 N.Y. App. Div. LEXIS 4231 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action to recover, inter alia, a deposit of $10,000, the appeal is from a judgment entered on a jury verdict dismissing the complaint. The deposit was made by appellant with the respondent Department of Health to guarantee performance of work to correct violations filed by said respondent on one-family houses in appellant’s development. The violations concerned the drainage of surface water and the operation of private sewage disposal facilities (septic tanks). Appellant contends that the contract is one for the benefit of third parties (owners of houses in the development), that the third parties made performance by appellant impossible, and that appellant is entitled to the return of the deposit. Judgment unanimously affirmed, with costs. No opinion. Present — Beldoek, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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In an action to recover, inter alia, a deposit of $10,000, the appeal is from a judgment entered on a jury verdict dismissing the complaint. The deposit was made by appellant with the respondent Department of Health to guarantee performance of work to correct violations filed by said respondent on one-family houses in appellant’s development. The violations concerned the drainage of surface water and the operation of private sewage disposal facilities (septic tanks). Appellant contends that the contract is one for the benefit of third parties (owners of houses in the development), that the third parties made performance by appellant impossible, and that appellant is entitled to the return of the deposit. Judgment unanimously affirmed, with costs. No opinion. Present — Beldoek, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

7 A.D.2d 649, 181 N.Y.S.2d 184, 1958 N.Y. App. Div. LEXIS 4231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yorktown-homes-inc-v-county-of-westchester-nyappdiv-1958.