REEVE SERV. CORP. v. RAAB


64 A.D.2d 826 (1978)

Reeve Service Corporation, Appellant, v. Robert F. Raab et al., Respondents. (Appeal No. 2.)

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

July 13, 1978


Order and judgment unanimously modified in accordance with memorandum and, as modified, affirmed.

Memorandum:

Plaintiff, a building contractor, sued the defendants for an alleged breach of a contract to construct a house. The court, after hearing the proof without a jury, found that plaintiff had abandoned the job without justification and dismissed the complaint. The record fully supports such determination. The court, however, erred in awarding the defendants...

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