I.B. Miller Cont. v. Carleton Co.

Full title: I.B. MILLER CONTRACTING CORPORATION, Appellant, v. CARLETON COMPANY…

Court: Court of Appeals of the State of New York

Date published: Feb 27, 1940

25 N.E.2d 980 (N.Y. 1940)

25 N.E.2d 980

Opinion

Argued January 17, 1940

Decided February 27, 1940

Appeal from the Supreme Court, Appellate Division, First Department, HOFSTADTER, J.

Herbert M. Rosenberg and Louis Rosenberg for appellant.

Frederick N. Van Zandt and Arthur J. Carleton for respondent.

Judgment of the Appellate Division dismissing the complaint reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that questions of fact were presented by the evidence. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.