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GERACE & CASTAGNA, INC. v. CITY OF NEW YORK

307 N.Y. 707 (1954)

Gerace & Castagna, Inc., Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Solomon A. Klein, Leonard Lazarus and Richard Klugherz for appellant.

Adrian P. Burke, Corporation Counsel (Anthony Curreri and Seymour B. Quel of counsel), for respondent.

Concur: LEWIS, Ch. J., DESMOND, DYE, FULD and VAN VOORHIS, JJ. Dissent: FROESSEL, J. Taking no part: CONWAY, J.

Judgment affirmed, with costs.

FROESSEL, J., dissents in the following memorandum:

I dissent and vote to modify. I agree that the Appellate Division's reversal of the judgment was proper but disagree as to the dismissal of the complaint and as to the Appellate Division's holding: "it must be held as a matter of law that the acceptance of the final payment was a release to the city." In my opinion this...

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