Judgment reversed, on the law, with costs, and complaint dismissed.
The findings of fact have not been affirmed. In 1961 respondent entered into a written contract with appellant to renovate the latter's restaurant. Less than a year later, in February, 1962, respondent instituted an action alleging breach of the contract. The complaint was dismissed, however, at the close of respondent's case for failure to prove performance. In April, 1963 respondent instituted...
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