Hecht v. Fred T. Ley & Co. — 241 N.Y. 612

Majority

p. 612

Albert S. Hecht, Respondent, v. Fred T. Ley & Co., Inc., Appellant, Impleaded with Others.

Headnote

Contract — agreement to release claim for services and surrender mortgage in consideration of promise of payment of a stipulated sum.

Hecht v. Ley & Co., Inc., 213 App. Div. 817 , affirmed.

(Argued December 10, 1925;

decided January 12, 1926.)

Appeal from a judgment of the Appellate Division of' the Supreme Court in the first judicial department, entered April 20, 1925, modifying and affirming as modified a judgment in favor of plaintiff entered upon a

p. 613

decision of the court on trial at Special Term. The action was upon contract by the terms of which it was alleged plaintiff released certain claims he had against the owners of a certain building in course of construction by defendant, appellant, and surrendered a mortgage upon said building in consideration of the latter’s agreement to pay him a stipulated sum.

Clifton P. Williamson and Edward W. Bourne for appellant.

Arthur Ofner and William H. Freedman for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.