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McCaffrey v. Foster

146 A.D. 902 Court N.Y. App. Div. English

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p. 902
Patrick J. McCaffrey, Respondent, v. Benjamin E. Foster and Louis B. Manning, Appellants.

Judgment affirmed, with costs. All concurred, except McLennan, P. J., who dissented upon the ground that in order to entitle the plaintiff to recover it was a prerequisite that he should procure

p. 903
the certificate of the architect that the building was completed and the full amount due, and the complaint not stating that fact, nor any proof being made in that regard, the plaintiff is not entitled to recover.