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Aiello v. Rocco

149 N.Y.S. 1068 Court N.Y. App. Div. Decision date 1914-10-02 English

Contents

Majority

p. 1068
AIELLO, Respondent, v. ROCCO, Appellant.
(Supreme Court, Appellate Division, Second Department.
October 2, 1914.)

Headnote

Action by Joseph Aiello against Frank Rocco.

Judgment and order of the County Court of Westchester County reversed, and new trial ordered, costs to abide the event, on the ground that the evidence shows that the parties agreed that the work should be done as the plans and specifications provided, except as otherwise stipulated, and that it was not so done. Hence the plaintiff failed to perform the contract, with resulting damage to defendant.