Opinion
March 20, 1908.
Benjamin G. Paskus, for the appellant.
Chester H. Lane, for the respondent.
The facts appearing on this appeal are substantially the same as those in the case of Aldine Mfg. Co. v. Duffy-McInnerney Co. ( 124 App. Div. 751), decided herewith. The action was brought to recover the amount alleged to be due under a contract between the Plymouth Company and the defendant to perform certain work and to furnish materials on a building in the city of Rochester in the county of Monroe, and the defense is the same. For the reasons stated in the opinion in that case I think the order should be reversed, with ten dollars costs and disbursements, and the motion granted.
LAUGHLIN, CLARKE, HOUGHTON and SCOTT, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion granted.