R & R WRECKING CO., INC. v. CITY OF NEW YORK


53 A.D.2d 859 (1976)

R & R Wrecking Co., Inc., Respondent, v. City of New York, Appellant

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

July 6, 1976


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The findings of fact have not been reviewed. The contract in question called for the demolition of five buildings (and related work) for the sum of $166,000. Plaintiff demolished those buildings. In view of the scope of the work called for in relation to the defects complained of, it cannot be said that, as a matter of law, plaintiff did not substantially perform; the question was...

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