Riche v. Greenwich Bank — 155 A.D. 907

Majority

p. 907

Crescenzio Riche and Others, Appellants, v. The Greenwich Bank of the City of New York, Respondent.

Headnote

Reargument of an appeal by the plaintiffs from a judgment of the Special Term, entered in the office of the clerk of the county of Richmond on the 6tli day of August, 1912, dismissing then* complaint. ( 163 App. Div. 425 .)

Upon the reargument it appears that the defendant agreed to account upon the completion of the contract and receipt of final moneys due thereupon “except the 5% specially reserved.” Accordingly, the action is not premature. Therefore, the judgment should be reversed, and a new trial granted, costs to abide the final award of costs. Jenks, P. J., Burr, Thomas, Carr and Woodward, JJ., concurred. Judgment reversed on reargument and new trial granted, costs to abide the final award of costs. _