H. & B. AFFILIATES, INC. v. LAURENCE J. RICE, INC.


45 A.D.2d 857 (1974)

H. & B. Affiliates, Inc., Appellant, v. Laurence J. Rice, Inc., et al., Respondents, et al., Defendants

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

July 15, 1974


Judgment reversed insofar as appealed from, on the law and the facts and in the interests of justice, without costs, and new trial granted upon said causes of action and said counterclaim.

In his opinion the Trial Justice said: "The parties have argued at length the meaning of the requirement in Article 18 of the contract that Rice make payment to Kendon `within 30 days after receipt of the requisition from the Owner', but the court does not find it necessary to decide...

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