Lenmar Constr. Co. v. N.Y. City Hous. Auth

Full title: LENMAR CONSTRUCTION CO., INC., Appellant, v. NEW YORK CITY HOUSING…

Court: Court of Appeals of the State of New York

Date published: Apr 12, 1957

142 N.E.2d 202 (N.Y. 1957)

142 N.E.2d 202

162 N.Y.S.2d 25

Opinion

Argued February 25, 1957

Decided April 12, 1957

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL H. HOFSTADTER, J.

Albert Foreman and M. Carl Levine for appellant. Paul W. Hessel and Irving Wise for respondent.

Per Curiam.

Plaintiff contractor not having complied with the provisions of the contract incident to the "Certificate of Final Acceptance", its claim for any unpaid balance is premature and was properly dismissed. Accordingly, we do not pass on the effect of the provision in subdivision (d) of section 4 of the "Form of Contract" that the contractor, if the Authority requires it, must execute a general release. Judgment dismissing complaint affirmed, with costs, and order affirming denial of plaintiff's motion for partial summary judgment affirmed.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur; VAN VOORHIS, J., taking no part.

Judgment affirmed.