BRENGARD CONSTR. CO., INC. v. LAWRENCE MALAWISTA, INC.


11 A.D.2d 793 (1960)

Brengard Construction Co., Inc., Respondent, v. Lawrence Malawista, Inc., Appellant, et al., Defendant

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

July 11, 1960


This cause is one to recover damages allegedly sustained as a result of the said defendant's breach of a written agreement which was intended to settle the controversies by the performance of stated conditions. At the opening of the trial, plaintiff, upon the court's direction that it elect between proceeding on the first and second causes or on the third and fourth causes, elected to proceed upon the latter. The fourth cause was dismissed before the case was submitted to...

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