Judgment unanimously affirmed, with costs.
While we are of the opinion that the evidence did establish the required consent of the owner to the erection of a gasoline station (cf. Jones v. Menke, 168 N.Y. 61), since he did not cause the failure substantially to complete the contract he may not be held (New York Elevator Supply & Repair Co. v. Bremer, 74 App. Div. 400, affd. 175 N.Y. 520; McNulty Bros. v. Offerman, 152 App. Div. 181; Mitchell...
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