BERNSTEIN v. SWIDUNOVICH


20 A.D.2d 883 (1964)

Ben Bernstein, Respondent, v. Walter Swidunovich, Appellant

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

April 23, 1964


Judgment directing foreclosure of mechanic's lien and providing for payment to plaintiff contractor of the balance due under a contract for the renovation of a building unanimously reversed, on the law and in the interest of justice, and a new trial ordered, without costs to either party.

On the record made the decision by the Trial Justice would be justified. However, it is evident from the testimony presented by defendant that there was a failure to establish proof...

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