Hall v. Board of Education — 242 N.Y. 562

Majority

p. 562

George R. Hall, Appellant, v. The Board of Education of the City of New York, Respondent.

Headnote

Contract — New York city — action for breach of building contract — progress payments.

Hall v. Board of Education, 214 App. Div. 705 , affirmed.

(Argued March 2, 1926;

decided March 30, 1926.)

Appeal from a judgment of the Appellate Divirion of the Supreme. Court in the first judicial department, entered May 13, 1925, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by

p. 563

the court at a Trial Term. The action was to recover for an alleged breach of a building contract in that defendant refused to make certain progress payments as requested by the contractor. The contract was for the completing and finishing in accordance with the original plans and specifications of a school building, the original contract for which had been declared abandoned. The contractor contended that he was entitled to fourteen progress payments as provided in the original contract but defendant argued that nine payments had already been made to the original contractor so that he was only entitled to five.

M. Carl Levine for appellant.

George P. Nicholson, Corporation Counsel (John F. O’Brien and Elliot S. Benedict of counsel), for respondent.

Judgment affirmed, with costs: no opinion.

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