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LENMAR CONSTR. CO. v. N. Y. CITY HOUS. AUTH.

2 N.Y.2d 628 (1957)

Lenmar Construction Co., Inc., Appellant, v. New York City Housing Authority, Respondent.

Court of Appeals of the State of New York.

Decided April 12, 1957.

Attorney(s) appearing for the Case

Albert Foreman and M. Carl Levine for appellant.

Paul W. Hessel and Irving Wise for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur; VAN VOORHIS, J., taking no part.

Per Curiam.

Plaintiff contractor not having complied with the provisions of the contract incident to the "Certificate of Final Acceptance", its claim for any unpaid balance is premature and was properly dismissed. Accordingly, we do not pass on the effect of the provision in subdivision (d) of section 4 of the "Form of Contract" that the contractor, if the Authority requires it, must execute a general release. Judgment...

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