Nevin v. Lemberg

126 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1910-12-30 English

Decision Majority — PER CURIAM. · Dissent — THOMAS, J.,

Contents

p. 1139

NEVIN, Respondent v. LEMBERG et al., Appellants.

(Supreme Court, Appellate Division, Second Department.

December 30, 1910.)

Headnote

Action by Harris Nevin against Leon Lemberg and others.

Judgment affirmed, with costs.

dissents, upon the ground that there is uncontradicted evidence that the plaintiff did not fully perform the contract, and that no deduction has been made for failure to perform certain parts of the work.