Appellate Division of the Supreme Court of New York, 1911

McCaffrey v. Foster

McCaffrey v. Foster
Appellate Division of the Supreme Court of New York · Decided October 15, 1911
146 A.D. 902; 133 N.Y.S. 1131
McCaffrey v. Foster

Opinion of the Court

Judgment affirmed, with costs. All concurred, except McLennan, P. J., who dissented upon the ground that in order to entitle the plaintiff to recover it was a prerequisite that he should procure *903the certificate of the architect that the building was completed and the full amount due, and the complaint not stating that fact, nor any proof being made in that regard, the plaintiff is not entitled to recover.

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