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


283 A.D. 716 (1954)

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

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 1, 1954.


The verdict is not only against the weight of the evidence, but there is no evidence to support a finding that both parties intended and understood that the contract provisions would be waived or modified so that acceptance of the final warrant or check did not constitute a release of all claims. Under the proof in this record it must be held as a matter of law that the acceptance of the final payment was a release to the city. If this court had not dismissed the complaint...

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