WERNER EK BLDG. CORP. v. MELROSE LUMBER CO., INC.


19 A.D.2d 612 (1963)

Werner Ek Building Corp., Respondent, v. Melrose Lumber Company, Inc., Appellant

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

June 25, 1963


Order entered on or about November 20, 1962 denying summary judgment for defendant reversed, on the law and the facts, with $20 costs and disbursements to the appellant, and motion granted, with $10 costs.

Plaintiff sues on a contract to erect a building on defendant's lot. Admittedly, the building was not completed and plaintiff admits that it left the job. Its claim is that it was forced off the job. Nothing in the affidavit supports that contention. When a portion...

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