CITY STRUCTURAL STEEL CORP. v. MARTONE


20 A.D.2d 922 (1964)

City Structural Steel Corp., Appellant, v. Angelo Martone, Respondent

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

April 27, 1964


Judgment modified on the law and the facts by increasing to $2,974.17 the amount of plaintiff's recovery. As so modified, the judgment is affirmed, without costs.

Findings of fact implicit in the court's decision which may be inconsistent herewith are reversed, and new findings are made as indicated herein. In our opinion, the claim for extra work is precluded by the contract provision that written authorization was a prerequisite to payment for such work. In addition...

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